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North Carolina
Estuarine Striped Bass
Fishery Management Plan
Albemarle Sound Area
Central/Southern Area
By
The North Carolina Division of Marine Fisheries
And
The North Carolina Wildlife Resources Commission
North Carolina Department of Environment and Natural Resources
Division of Marine Fisheries
3441 Arendell Street
Post Office Box 769
Morehead City, NC 28557
May 2004
MFC approved draft for public meetings 8/19/03
Public meetings 9/03 through 10/03
Final AC’s recommendations 10/20/03 and 10/27/03
MFC selected management options 11/18/03
Submitted to DENR 12/22/03
Presented to JLCSA 3/2/04
MFC final approval 5/14/04
WRC approval 7/14/04
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1.0 ACKNOWLEDGEMENTS
The 2003 North Carolina Striped Bass Fishery Management Plan (FMP) was developed
by the North Carolina Department of Environment and Natural Resources, Division of
Marine Fisheries (DMF) under the direction of the North Carolina Marine Fisheries
Commission (MFC) and the North Carolina Wildlife Resources Commission (WRC),
Division of Inland Fisheries under the guidance of the North Carolina Wildlife Resources
Commission. The US Fish and Wildlife Service, Southeast Regional Coordinators
Office also participated in the development of the FMP. The A/R Advisory Committee
and the C/S Advisory Committee provided advice through the plan development
process. Deserving special recognition are the members of the Advisory Committees
and the Plan Development Team (PDT) who contributed their time and knowledge to
this effort. A very special thanks to Dee Willis for her PC skills in formatting and
organizing this FMP.
A/R Striped Bass FMP Advisory Committee C/S Striped Bass FMP Advisory Committee
Chuck Laughridge, Co-Chair
Terry Pratt, Co-Chair
Bill Blackwell
Lee Briley
Herbert Ray Byrum
Dr. Jeff Buckel
Sam Johnson
Dale Mitchell
Benny O’Neal, Jr.
Benjamin Rippons, Jr.
Dr. Roger Rulifson
Duke Spencer
Riley Williams
Marshall Williford
David Daniel, Co-Chair
Ed McGovern, Jr., Co-Chair
Dr. Nick Blackerby
Buzz Bryson
Earl Daniels
Billy Dean
Jim Dupree, Jr.
Durwood Eborn
Robert Merritt, Jr.
Wesley Patrick
Glenn Roper
Tom Smith
Striped Bass PDT
Sara E. Winslow, DMF (FMP Chair)
David Taylor, DMF (C/S Chair)
Johnny Barnes, DMF
John Carmichael, DMF
Brian Cheuvront, DMF
Jason Dilday, DMF
Fritz Rohde, DMF
Lees Sabo, DMF
Katy West, DMF
Keith Ashley, WRC
Wayne Jones, WRC
Pete Kornegay, WRC
Chad Thomas, WRC
Christian Waters, WRC
Bill Cole, USFWS
Wilson Laney, USFWS
Joe Hightower, NC Coop. Research Unit, NCSU
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2.0 TABLE OF CONTENTS
ACKNOWLEDGEMENTS………….…………….……….………………..……………. 2
TABLE OF CONTENTS………………………………………………..………………… 3
EXECUTIVE SUMMARY………………………………………………………….…..…. 7
Stock Status………………………………………………………………………. 7
Commercial Fisheries……………………………………………………………. 8
Recreational Fisheries…………………………………………………………… 9
Management Goals………………………………………………………………. 10
Management Objectives……………………………………………..……………. 10
Optimum Yield (OY)…………………………………………………..…….…….. 10
Management Issues and Proposed Actions…………………………………… 11
General NC Coastal Striped Bass Stock Issues……………………………….. 11
Albemarle/Roanoke Stock Issues………………….……………………………. 13
Central/Southern Stock Issues…….…………………………………………….. 14
INTRODUCTION………………………………………………………………………….. 15
Management Authority……………………………………………………………. 15
Introduction………………………………………………………………… 15
Legal Authority for Management………………………………………… 15
General Problem Statement……………………………………………………... 17
Management Units……………….……………………………………………….. 21
Existing Agreements, Plans, Statutes and Rules……………………………… 21
Agreements and Plans…………………………………………………… 21
Statutes…………….………………………………………………………. 25
Rules…………….…………………………………………………………. 25
Marine Fisheries Commission Rules…………………………… 25
Wildlife Resources Commission Rules………………………… 36
GENERAL LIFE HISTORY……………………………………………………………… 42
Description and Distribution……………………………………………………… 42
General Life History………….……………………………………………………. 42
Spawning………………….……………………………………………………….. 42
Eggs………………………………………………………………………… 43
Larvae………………………………………………………………………. 43
Juveniles…….……………………………………………………………… 43
Maturation and Fecundity….……………………………………………… 43
Growth Pattern…………….……………………………………………….. 44
Rates……….………………………………………………………. 44
Length-Weight Relationships….………………………………… 44
Ecological Relationships………………………………………………………… 44
Food Habits………….……………………………………………………. 44
Feed Behavior…….………………………………………………………. 46
Predators………….……………………………………………………….. 46
Competitors……….……………………………………………………….. 46
Migration…………………………………………………………………………… 46
Albemarle-Roanoke Adult Striped Bass…….………………………….. 46
Phase II Striped Bass-Albemarle Area…….……………………………. 59
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Central/Southern Area…………………………………………………… 59
Division of Marine Fisheries-Adults…………………………….. 59
Wildlife Resources Commission-Adult Striped Bass…………. 63
CSMA Phase II Striped Bass……………………………………………. 64
Pamlico River……………………………………………………… 64
Neuse River……………………………………………………….. 64
Cape Fear River………….……………………………………….. 64
STATUS OF THE STOCK………………………………………………………………. 65
Albemarle-Roanoke Stock (ASMA)…………………………………………….. 65
Historical Condition………………………………………………………. 65
Comparison of Current and Historic Stock Condition………………… 71
Current Condition………………………………………………………… 72
Central/Southern Management Area Stocks………………………………….. 77
Neuse River Stock………………………………………………………… 77
Tar River Stock…………….………………………………………………. 78
Cape Fear River Stock…….……………………………………………… 78
STATUS OF THE FISHERIES………………………………………………………….. 78
Introduction……………………………………………………………………….. 78
A/R Stock………………………………………………………………………….. 79
Commercial Fisheries…….………………………………………………. 79
Historical…………………………………………………………………… 79
Current……………………………………………………………………… 80
A/R Commercial Discard/Bycatch Mortality……………………………. 82
Central/Southern Stocks………………………………………………………….. 85
Pamlico and Tar Rivers and Pamlico Sound…………………………… 85
Commercial………………………………………………………… 85
Historical……………………………………………………………. 85
Current……………………………………………………………… 85
Neuse River………………………………………………………………… 86
Commercial………………………………………………………… 86
Historical……….…………………………………………………… 86
Current……………………………………………………………… 86
Cape Fear River…………………………………………………………… 86
Commercial………………………………………………………… 86
Historical……………………………………………………………. 87
Current……………………………………………………………… 87
C/S Commercial Discard/Bycatch Mortality…………………………….. 87
Recreational Fisheries……………………………………………………………. 87
Introduction……………………………………………………………… 88
Roanoke River………………………………………………………….. 89
Albemarle Sound……………………………………………………….. 89
Tar River……………...….………………………………………………. 91
Neuse River…………..…..……………………………………………… 91
Pamlico Sound………….……………………………………………...... 93
Cape Fear River……………..…………………………………………… 93
Guided Fishing for Striped Bass………………………………….……..………. 93
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Catch and Release Fishing……….……………………………………………… 94
Hybrids……………………………….…………………………………………….. 94
Protected Species………………….……………………………………………… 95
DESCRIPTION OF THE SOCIOECONOMIC CHARACTERISTICS OF THE
FISHERY…………………………………………………………………………………… 96
Definitions………………………………………………………………………….. 96
Commercial Fishing………………………………………………………………. 97
Ex-vessel Value and Price…….…………………………………………. 97
Gear and Price……………….……………………………………………. 102
Marketing, Distribution, and Processing………………………………... 104
Economic Impact of Commercial Fishing………………………………. 104
Recreational Fishing……………………………………………………………… 106
Historical Trends in Landings……………………………………………. 112
Recreational Fishing Activity.…………………………………………….. 115
Economic Value of the Recreational Fishery………..………………….. 116
Demographic Characteristics…………………………………………………… 118
Commercial Fishermen………..………………………………………….. 118
Recreational Fishermen………..…………………………………………. 119
ENVIRONMENTAL STATUS……………………………………………………………. 120
Habitat……………………………………………………………………………… 120
Essential Fish Habitat……………………………………………………. 120
Spawning Habitat…….……………………………………………. 122
Subadult Habitat…………………………………………………… 126
Adult Habitat……………..…………………………………………. 126
Striped Bass Habitats in NC River/Estuary Systems…..………. 127
Albemarle Sound Management Area…………………… 127
Central Southern Management Area…………………… 129
Habitat Concerns…………………………………………………………. 133
River Flows………………………………………………………… 133
Blockage of Historical Spawning Habitat……….………………. 134
Losses of Striped Bass Eggs and Fry to Water Intakes….…… 135
Loss of Wetlands…………………….……………………………. 135
Water Quality……………………………………………………………………… 135
Water Quality Requirements………..……………………………………. 135
Water Quality Protection Status……….………………………………… 136
Water Quality Concerns………………….……………………………….. 137
PRINCIPAL ISSUES AND MANAGEMENT OPTIONS………………………………. 137
Identification of Issues………………………………………………………….. 137
Issues Relative to the North Carolina Striped Bass Stocks………………….. 138
Issues Relative to the A/R /Striped Bass Stock……………………………….. 138
Issues Relative to the C/S Striped Bass Stocks………………………………. 138
Issues and Management Strategies Relative to North Carolina
Striped Bass Stocks……………………………………………………………… 139
Habitat Issues……………………………………………………………… 139
Water Flow Issues………………………………………………… 139
Critical Habitat-Spawning and Nursery Area………………….. 158
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Blockages of Historical Spawning Habitat……………………. 162
Entrainment and Impingement of Eggs and Larvae…………. 165
Water Quality Concerns…………………………………………………. 168
Catch and Release Mortality in the Hook and Line Fisheries……….. 174
Enforcement of Creel Limits in the Vicinity of Inland/Joint
Or Coastal Boundaries……………………………………………………. 180
Albemarle Sound Management Area Boundary Line………………… 182
Issues Relative to the A/R Striped Bass Stock………………………………… 187
Stock Structure……………………………………………………………. 187
Biological Reference Points……………………………………… 187
Fishing Mortality…………………………………………………………… 197
Discard Mortality of Striped Bass in the Multi-species
Gill Net Fishery ASMA……………….……………………………. 197
Harvest Management 221
Management of Quotas and Harvest Targets in the ASMA….. 221
Recreational Striped Bass Harvest Closure-Oregon
Inlet/Atlantic Ocean………………………………………………. 226
Issues Relative to the C/S Striped Bass Stocks………………………………. 227
Stock Structure……………………………………………………………. 227
Biological Reference Points……………………………………… 227
Striped Bass Stocking Coastal Rivers…… 235
Fishing Mortality…………………………………………………………… 243
Catch Curve Exploitation Estimates - Neuse and Tar River 243
Discard Mortality of Striped Bass from Set Gill Nets 275
RECOMMENDED MANAGEMENT PROGRAM AND RESEARCH NEEDS………. 299
Goals and Objectives…………………………………………………………….. 299
Optimum Yield…………………………………………………………………….. 299
North Carolina Coastal Stocks………………………………………………….. 301
Critical Habitat-Spawning and Nursery Areas…………………………. 302
Blockages of Historical Habitat………………………………………….. 302
Entrainment and Impingement of Eggs and Larvae………………….. 303
Management Strategies…………………………………………………. 304
Catch and Release Mortality in Hook and Line Fisheries……. 304
Enforcement of Creel Limits in the Vicinity of Inland/Joint or
Coastal Boundaries………………………………………………. 305
Albemarle/Roanoke Management Area…………………. 306
Central/Southern Management Area (CSMA)…………………. 307
Research Needs Summary………………………………………………………. 309
NC Coastal Striped Bass Stocks………………………………………… 309
A/R Striped Bass Stock………………………………. 312
C/S Striped Bass Stocks…………………………………………… 313
LITERATURE CITED……………………………………………………………………… 315
APPENDICES: Appendix 1- Landings………………………………………………….. 338
Appendix 2- Historical Regulations…………………………………………….. 345
Appendix 3- Regulations………………………………………………………… 347
Appendix 4- Proposed Rule Changes…………………………………………. 370
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3.0 EXECUTIVE SUMMARY
There are two geographic management units for the North Carolina Estuarine Striped
Bass Fishery Management Plan (FMP). The northern management unit includes the
Albemarle Sound Management Area (ASMA)- which includes Albemarle Sound and
all its Joint and Inland water tributaries, (except for the Roanoke, Middle, Eastmost and
Cashie rivers), Currituck, Roanoke and Croatan sounds and all their Joint and Inland
water tributaries, including Oregon Inlet, north of a line from Roanoke Marshes Point
across to the north point of Eagle Nest Bay and the Roanoke River Management Area
(RRMA)- Roanoke River and its Joint and Inland water tributaries, including Middle,
Eastmost and Cashie rivers, up to the Roanoke Rapids Dam. Management of striped
bass within the ASMA is the responsibility of the North Carolina Marine Fisheries
Commission (MFC) and within the RRMA, is the responsibility of the North Carolina
Wildlife Resources Commission (WRC). The striped bass stock in these two harvest
management areas is referred to as the Albemarle Sound/Roanoke River (A/R) stock.
The southern geographic management unit is the Central/Southern Management
Area (CSMA) and includes all internal Coastal, Joint and contiguous Inland waters of
North Carolina south of a line from Roanoke Marshes Point across to Eagle Nest Bay in
Dare County, to the South Carolina state line. These stocks are referred to as the
Central/Southern (C/S) stocks.
Stock Status
A/R Stock
In 1997, the A/R striped bass stock was declared by the Atlantic States Marine
Fisheries Commission (ASMFC) to be restored. Annual population abundance has
increased sharply from a low of 195,000 fish in 1988 to over 2 million fish in 1999. The
population abundance is currently stabilizing at around 2 million fish. Recruitment of
age 1 fish has been above the long-term average for 8 of the last 9 years. Since 1993
fishing mortality has varied between 0.13 and 0.60 and has averaged 0.30. The 2001
estimate of fishing mortality of F=0.13 on ages 3-7 is below the target for these ages (F
target =0.28). Spawning stock biomass (total weight of sexually mature females in the
population) was approximately 600,000 pounds in 1998, and has since increased to 1.6
million pounds in 2001. Population age structure is expanding. Age 8 and older fish
were nearly absent from the population between 1990 and 1994; since 1997
conservation measures have resulted in a continuously increasing proportion of older
fish in the population.
C/S Stocks
Available data are inadequate to estimate the population size for any of the C/S striped
bass stocks. Rates of total and fishing mortality for the Neuse and Tar river stocks,
estimated from fishery independent sampling indicate that fishing mortality rates for both
stocks are excessive. For the Neuse River stock, the rate of fishing mortality was
estimated to be 0.84 and for the Tar River, 1.02. These fishing mortality rates are
substantially higher than those required for population recovery to occur, therefore over
8
fishing is occurring. Fishing mortality must be reduced by approximately 60% to allow
stock recovery in these waters. Virtually no data exists for the Cape Fear River striped
bass stock but commercial landings and anecdotal observations suggest only a remnant
population exists.
Commercial Fisheries
A/R Fishery
The Albemarle Sound area striped bass fishery dates back to the 1870s and historically
supported the largest year-round commercial fishery in the state. Gill nets, anchor and
drift, have historically been utilized in the fishery. Since the late 1960s gill nets have
accounted for the majority of the harvest.
The ASMA commercial fishery from 1991 through 1997 operated on a 98,000 lbs. Total
Allowable Catch (TAC) split between a spring and fall season. After stock restoration
was declared in 1997, the 1998 TAC was increased to 125,440 lbs. and additional
increases occurred in 1999 and 2000. From 2000 through 2002 the TAC remained at
225,000 lbs. In 2003, the commercial harvest TAC was increased to 275,000 lbs. The
fishery operates with restrictions on seasons, net yardage, mesh size, size limits and
daily landing limits to control harvest and bycatch. Striped bass harvest continues to be
managed as a bycatch of the multi-species commercial fishery in the ASMA.
Commercial Discard/Bycatch Mortality
The discard/bycatch mortality of striped bass in the ASMA gill net fisheries has been a
point of compliance with the ASMFC Striped Bass FMP since 1994. Annual estimates
have been made since that time. As the striped bass population increased in size and
the TAC remained static (1990-1997; 98,000 lb. TAC) the number of discards
increased. Since 1997, the TAC has increased four times to the current harvest level of
275,000 lb. The increases in allowable harvest have lowered the number of discards in
the large mesh gill net fisheries (flounder and shad) but has had very little effect in
lowering the discard mortality in the small mesh fishery, since few fish captured in these
nets are of legal size. Still, the number of estimated discards combined with
commercial harvest has exceeded the TAC each year.
C/S Fishery
Commercial striped bass fisheries have historically occurred throughout the CSMA but
are believed to have never been of the magnitude of the ASMA. The CSMA estuarine
gill net fishery is a year round multi-species fishery but even with a 25,000 lb. TAC, daily
landing limits and seasons in the CSMA, striped bass are targeted by commercial
fishermen. Numerous management measures have been enacted in the CSMA that
have reduced the take of striped bass and other species. Gill nets account for the
highest percentage of the landings. The Pamlico Sound and Pamlico/Pungo river
complex has accounted for 10.5% of the internal striped bass landings since 1994. The
Neuse River landings since 1995 have been fairly consistent and averaged 5,950 lbs.;
which are the highest commercial landings since 1976. The Cape Fear River season is
only open to harvest during the spring (Jan – Apr) and striped bass landings primarily
9
occur as bycatch of the American shad fishery. Since 1994, the average Cape Fear
River landings were approximately 1,300 pounds.
Commercial Discard/Bycatch Mortality
The total striped bass discard estimate for Pamlico Sound and the adjacent rivers, using
data from 2000 and 2001, is approximately 94,000 lbs. In Pamlico Sound small mesh
gill nets accounted for 78.9% of the total striped bass discards for the area. Large mesh
gill nets in the Pamlico and Neuse rivers accounted for 81.4% of the discards. This
estimate is based on the best available data and will need to be refined through future
studies.
Recreational Fisheries
Early in the 20th century interest in hook and line striped bass fishing began to increase.
As recovery of the A/R stock continued into the late 1990s, a tremendous increase in
recreational effort for striped bass occurred. Taking and possession of striped bass
using hook and line in coastal North Carolina is regulated by the WRC in designated
Inland Waters, jointly by the WRC and MFC in designated Joint Waters and by the MFC
in designated Coastal Waters.
Roanoke River
In 1988, WRC began monitoring striped bass harvest in the Roanoke River with creel
surveys during the spring months. Management of recreational striped bass harvest by
TAC began in 1991, with an allocation of 29,400 lbs. From 1991-1997, the annual TAC
remained static. Since 1998, four TAC increases have occurred with the 2003
allocation being 137,500 lbs. The WRC opened and closed the harvest season from
1991 through 2001 by proclamation authority of the Executive Director. In 2002, the
WRC decreased the daily creel limit from three to two fish, but set a 46-day season in
the lower river and a 46-day season in the upper river, and allowed possession seven
days per week. WRC continues to monitor harvest, size, age and sex composition of
striped bass caught in RRMA through an annual creel survey.
Albemarle Sound Area
In 1991, DMF began management of the 29,400 lb. striped bass TAC through a creel
survey. The TAC was split between a spring and fall season. Season, harvest days,
creel and size limits were established by proclamation authority of the Fisheries
Director. The annual TAC remained static for 1991-1997. Since 1998, the TAC has
increased four times, with the 2003 allocation being 137,500 lbs. The DMF continues to
conduct creel surveys when the recreational season is open to determine harvest
estimates.
C/S Area
Limited information exists on the recreational fisheries in the Tar-Pamlico, Neuse and
Cape Fear rivers. Although estimates of recreational striped bass harvest from the
Pamlico Sound are not available, WRC and DMF staffs believe it could be substantial,
especially in northern Pamlico Sound.
10
Guided Fishing for Striped Bass
Since recovery of the A/R stock and the Atlantic Migratory Stock, striped bass has
become one of the major species targeted in the guided recreational fishery. During
early 2002, nearly 315 for-hire vessels were identified as operating in NC coastal
waters, representing a 37% increase from the three prior years. Though many of these
vessels pursue a variety of species, a growing number target striped bass. Annual
sales of WRC Guide Licenses have increased steadily from 292 in 1987 to 970 in 2002.
Due to the WRC guide’s licenses being a combination hunting/fishing, it is not possible
to determine the exact proportion of the increase sales that is attributable to fishing
guides only.
Management Goals
The goal of the NC Estuarine Striped Bass FMP is to manage estuarine populations
through science based decision-making processes that conserve adequate spawning
stock and protect the integrity of critical habitats. The plan will consider biological,
social, and economic factors in management of the fisheries. The plan will be adaptive,
involving regular reviews and responding to new information regarding any aspect of the
plan.
Management Objectives
1. Identify and describe population attributes necessary to sustain long-term stock
viability.
2. Protect, restore and enhance spawning and nursery area habitat and
environmental quality to increase growth, survival and reproduction.
3. Manage the fishery in a manner to sustain long-term stock viability, traditional
harvest and prevent overfishing.
4. Initiate, enhance and/or continue programs to collect and analyze biological,
social, economic, fishery, essential habitat and environmental data needed to
effectively monitor and manage the fishery.
5. Develop an information program to educate the public and elevate awareness of
the causes and nature of problems in the striped bass stocks, habitat and
fisheries and explain the rationale for management efforts to solve these
problems.
6. Develop regulations that provide adequate resource protection, optimize yield
from the fishery, and consider the needs of all user groups.
7. Promote practices that minimize bycatch and discard mortality in recreational and
commercial fisheries.
Optimum Yield (OY)
ASMA
Optimum yield is defined as that yield provided by exploiting the stock at the target
exploitation rate as determined from the most recent stock assessment. The stock is
currently managed with a TAC that is analogous to OY. The TAC for 2003 was
conservatively established at 550,000 lbs. based on a target reference point of F=0.25.
The target reference point recommended by the A/R Advisory Committee is F=0.22.
11
CSMA
OY is defined as the yield achieved by exploiting the stock at the target exploitation rate.
OY as defined for the CSMA differs slightly from that for the ASMA in that a value for
OY is not predetermined. The lack of data on the commercial and recreational fisheries
prevents development of a quantitative assessment of stock abundance. Therefore, no
projections of stock abundance and total catch rates are available for the CSMA and OY
cannot be estimated numerically in advance. Until data for a complete assessment of
these stocks are available, the only recourse is to manage based on exploitation rates.
Management Issues and Proposed Actions
The following striped bass management issues and options were developed through the
FMP process, by DMF and WRC through cooperation and advice solicited from the A/R
and C/S Advisory Committees, the public, MFC, Finfish and Regional Advisory
committees, as well as the scientific community. In order to achieve the desired goals
of the FMP, the MFC and WRC, after taking into account the advice and comments
from the various participants on this plan, has selected the preferred management
options on the management issues.
The management issues and proposed actions are divided as follows: (1) Issues
relative to North Carolina coastal stocks in general, (2) Issues specific to the A/R stock
and (3) Issues specific to the C/S stocks.
General NC Coastal Striped Bass Stock Issues
Water Flow
• Rivers with presently unregulated flows work with state water resource authorities to
secure commitments for preservation of unaltered flow regimes.
• Rivers currently regulated to such a degree that flow patterns depart significantly
from unregulated conditions, establish a recommended annual flow regime for
striped bass spawning and nursery areas, and work with appropriate regulatory
agencies to secure commitments for preservation of such regimes.
• Require Division of Water Resources (DWR) to include Division of Water Quality
(DWQ), WRC, DMF and US Fish and Wildlife Service (FWS) in water supply
planning process and future allocation negotiations.
• Neuse River- support removal of Milburnie Dam, to provide flexibility for flow
management.
• Pee Dee River- participate (FWS and WRC, in cooperation with SC agencies) in re-licensing
of hydropower dams, to obtain adequate flow releases for downstream
habitats.
Critical Habitat
• Adopt into rules, measures to protect identified anadromous spawning and nursery
areas for striped bass.
• Advocate stronger enforcement of regulations protecting critical habitat in the
management areas.
12
• Purchase land adjacent to critical striped bass habitat areas to ensure protection.
• Continue to make recommendations on all state, federal and local permits where
applicable to require avoidance of activities detrimental to critical striped bass
habitats.
• Support implementation of habitat recommendations of Albemarle-Pamlico Estuarine
Study (APES), Estuarine Shoreline Protection Stakeholders Report, and Coastal
Habitat Protection Programs (CHPP).
• Maintain, restore and improve habitat to increase growth, survival and reproduction
of striped bass. Monies from the Clean Water Trust Fund and others should be
utilized for this.
Blockages of Historical Habitat
• Neuse River- support removal of Milburnie Dam in Raleigh. Removal would open
approximately 15 miles of spawning habitat and allow better manipulation of flows.
• Cape Fear River- supports removal of Buckhorn Dam, Lock and Dam #2 and Lock
and Dam #3. Support construction of the proposed “nature-like” fishway around
Lock and Dam #1.
Entrainment and Impingement of Eggs and Larvae
• Continue to review and comment on state and federal permit requests in which
water withdrawal structures are involved in coastal rivers.
• Monitor the progress of US EPA’s implementation of Section 316 (b) rules as these
rules may apply to water withdrawal points in NC coastal rivers.
• In absence of effective technology, require water users to curtail withdrawal during
periods in which striped bass eggs, fry and juveniles may be present.
Water Quality Concerns
• Work in coordination with DWQ, DWR, Division of Land Quality, and Natural
Resource Conservation Service to maintain, restore and improve water quality to
increase striped bass stocks.
• Support implementation of recommendations of DWQ basinwide water quality
management plans, particularly measures that will reduce nutrient loading, sediment
delivery and associated turbidity in all coastal watersheds.
• Support implementation of habitat and water quality recommendations of CHPPs,
APES, and the Estuarine Shoreline Protection Stakeholders report.
Catch and Release Mortality in Hook and Line Fisheries
• Develop and implement creel surveys to estimate numbers of striped bass caught
and released, as well as directed angling effort.
• Recreational harvest seasons should be limited to months (October – April) in which
cool water temperatures (<70° F) occur, thus minimizing mortality from catch and
release fishing.
• Implement an extensive angler education program on catch and release striped bass
fishing. Components of the program would include presentations on the effects of
water temperature, angling techniques, hook configuration, bait and lure use and
13
handling techniques. Continue research on identifying correct hook sizes and
configuration of circle hooks.
Enforcement of Creel Limits in Vicinity of Inland/Joint or Coastal Boundaries
• WRC should implement a rule similar to MFC rule that requires compliance with
season, size, and creel limits on the waterbody where fishing is taking place.
Albemarle Sound Management Area Boundary Line
• Maintain the current boundary line between the ASMA and the CSMA.
Albemarle/Roanoke Stock Issues
Biological Reference Points
• Support a fishing mortality rate no higher than 0.22 and a SSB no lower than
400,000 lbs. for the A/R stock.
Discard Mortality of Striped Bass in Multi-Species Gill Net Fishery
• Maintain status quo, existing gill net proclamation authority, with the requirement that
small mesh nets be sunk after river herring gill net season closes. Small mesh gill
nets (3 ¼ inch) would be restricted to no more than 25 – 30 meshes deep and set in
no less than 7 feet of water unless attended. These requirements would remain in
effect when attendance was not required. Also, consider area closures to gill
netting. The following qualifications will also apply: 1. DMF will evaluate existing
IGNS small mesh data to determine differences between striped bass catches in
float and sink nets and 2. Observer data, current and future will be collected and
analyzed to assess the benefits. Should the discard reductions not be within the
estimated range of the other options in Table 10.14, then DMF may implement other
options presented in the FMP, or other options that may be developed over time.
Management of Harvest Targets in the ASMA
• Supports no payback for overages in RRMA due to underage in 2003.
• Supports TAC allocation: 25% Roanoke River/WRC recreational, 25% Albemarle
Sound/DMF recreational and 50% Albemarle Sound/DMF commercial.
• Penalties/Triggers for Overages: Short-term Overage: point harvest estimate
exceeds the total TAC by 10% in a single year, overage deducted from the next year
and restrictive measures implemented in the responsible fishery (ies). Long-term
Overages: five year running average of point estimate exceeds the five year running
average of the total TAC harvest by 2%, the responsible fishery exceeding the
harvest limit will be reduced by the amount of the overage for the next five years.
Should the target F be exceeded, then restrictive measures will be imposed to
reduce F to the target level.
Management of Recreational Striped Bass Harvest in Atlantic Ocean
• Support remaining at Status Quo- year round recreational fishery.
14
Central/Southern Stock Issues
Biological Reference Points
• Manage the CSMA stocks under the same exploitation rate targets and thresholds
as selected for the A/R stock (F= 0.22, SSB 400,000 lbs.). Improve data collection
on these stocks so that biomass thresholds and targets can be developed for these
stocks.
Striped Bass Stocking in Coastal River Systems
• Continue Phase II stocking program, with two systems in the CSMA (Tar-Pamlico,
Neuse and Cape Fear rivers) being stocked annually, with a goal of 100,000 fish per
drainage.
• Continue the Phase I striped bass stocking program, with a goal of 100,000 fish per
year, per system in the CSMA.
Management Options for Recreational Striped Bass Harvest in CSMA
• Adequate information to evaluate specific recreational measures are lacking in the
CSMS. Regulations should remain at status quo for 2004. A one year creel survey
is being developed by DMF and WRC for the Tar-Pamlico and Neuse systems. This
survey will collect data on recreational striped bass fisheries in these waters. The
WRC will be conducting a creel survey in the Cape Fear system in 2004. After
completion of the creel surveys and data analysis, appropriate regulations will be
developed and implemented to distribute the reductions in fishing mortality
necessary for stock recovery among the various recreational fisheries.
Discard Mortality of Striped Bass from Set Gill Nets in the CSMA
Management Options for Neuse River and Pamlico River Areas Gill Net Fishery
• Require “tie-downs” to reduce striped bass bycatch. DMF is currently evaluating the
effectiveness of various tie- down configurations.
• Rivers- Increase the commercial possession limit to 10 fish per day per operation in
the rivers during the open striped bass season. Require that gill nets in the shad
and flounder fisheries operating in the Pamlico, Pungo and Neuse river areas (west
of 76° 30’W long.) be tied down after the striped bass quota is reached and the
season closed.
• Pamlico Sound- commercial possession limit would remain at 5 fish in the Pamlico
Sound. Landings of striped bass will be limited to 50% by weight of the total catch,
not to exceed 5 fish per day per fishing operation. Gill nets with a mesh length of 6
inches (stretched mesh) and greater would be prohibited during the striped bass
season.
• Other portions of the CSMA- Maintain striped bass seasons, opening and closing
through proclamation and operating under the 25,000 lb. TAC. This option is
intended to allow the sale of striped bass bycatch resulting from gill net fisheries. As
data are collected, more restrictive measures may be implemented as needed.
15
4.0 INTRODUCTION
4.1 Management Authority
4.1.1 Introduction
Fishery management includes all activities associated with maintenance, improvement,
and use of the fisheries resources, including research and monitoring, development,
regulation, enhancement and enforcement.
North Carolina’s existing fisheries management system is powerful and flexible, with
rule-making authority vested in the Marine Fisheries Commission (MFC) and the Wildlife
Resources Commission (WRC) within their respective jurisdictions. The Division of
Marine Fisheries (DMF) implements MFC rules and policies. The General Assembly
retains for itself licensing and limited entry authorities. In the 1998 Amendment to the
Fisheries Reform Act of 1997 (FRA), the General Assembly established a process for
limiting entry for fisheries under the Fishery Management Plan (FMP) process. Federal
authority under the Magnuson-Stevens Act applies to fisheries in the Exclusive
Economic Zone (the area from 3 to 200 miles offshore); it also applies to a limited extent
in areas within state jurisdiction deemed Essential Fish Habitat (EFH). The Atlantic
coast states work together through the Atlantic States Marine Fisheries Commission
(ASMFC) to prepare and implement interstate FMPs, but the regulatory responsibility
and authority remain with the states. Passage of the Atlantic Coastal Fisheries
Cooperative Management Act in 1993 gave the ASMFC oversight for species with
ASMFC plans, but plan actions are implemented by each state. Thus, the MFC/WRC
(rules) and DMF/WRC (research, enforcement, etc.) utilize their authorities to manage
the fisheries. The MFC and WRC have the ability to establish seasons, authorize or
restrict fishing methods and gear, limit quantities taken or possessed, and restrict
fishing areas. Thus, all necessary authority needed for management of the striped bass
fisheries is available through the existing state fishery management process. Protection,
enhancement and development of sustainable fisheries will require appropriate use of
this authority, along with the cooperation of stakeholders.
The MFC (August 2001) in their adoption of a priority schedule for FMP development
included revisiting the Estuarine Striped Bass FMP that was approved in 1994. The
1994 plan was targeted at the recovery of the Albemarle Sound-Roanoke River (A/R)
striped bass stock but also included some management measures for other striped bass
stocks in the state. This 2003 Estuarine Striped Bass FMP document (developed under
the criteria and standards of the 1997 FRA) replaces in total the 1994 FMP and
addresses issues for the various estuarine striped bass stocks in North Carolina.
4.1.2 Legal Authority for Management
Many different state laws (General Statutes- G.S.) provide the necessary authority for
fishery management in North Carolina. General authority for stewardship of the marine
and estuarine resources by the North Carolina Department of Environment and Natural
Resources (DENR) is provided in G.S. 113-131. The DMF is the arm of the Department,
16
which carries out this responsibility. The same statute also grants management
authority to the WRC within its jurisdictional area. Enforcement authority for DMF
enforcement officers (Marine Patrol) and WRC officers is provided by G.S. 113-116.
Rule-making authority is granted to the MFC and WRC by G.S. 113-134. General
Statute 113-181 authorizes DMF research and statistical programs. The MFC is
charged to “manage, restore, develop, cultivate, conserve, protect and regulate the
marine and estuarine resources of the State of North Carolina” (G.S. 143B-289.51). The
MFC can regulate fishing times, areas, fishing gear, seasons, size limits, and quantities
of fish harvested and possessed (G.S. 113-182 and 143B-289.52). General Statute
143B-289.52 also allows the MFC to delegate authority to implement its regulations for
fisheries “which may be affected by variable conditions” to the Director of DMF by
issuing public notices called “proclamations.” General Statute 113-292 authorizes the
WRC or the Executive Director to suspend or extend the hook and line season for
striped bass in all of North Carolina’s coastal rivers through issuance of proclamations.
The General Assembly has retained for itself the authority to establish commercial
fishing licenses, but has delegated to the MFC authority to establish permits and permit
fees for various commercial fishing activities. Thus North Carolina has a very powerful
and flexible legal basis for coastal fisheries management.
The Fisheries Reform Act of 1997 (FRA) established a process for preparation of FMPs
in North Carolina. The FRA states that “the goal of the plans will be to ensure that long-term
viability of the State’s commercially and recreationally significant species or
fisheries. Each plan will be designated to reflect fishing practices so that one plan may
apply to a specific fishery, while other plans may be based on gear or geographic areas.
Each plan will:
a. Contain necessary information pertaining to the fishery or fisheries, including
management goals and objectives, status of the relevant fish stocks, stock
assessments for multi-year species, fishery habitat and water quality considerations
consistent with Coastal Habitat Protection Plans (CHPP) adopted pursuant to G.S.
143B-279.8, social and economic impact of the fishery to the State, and user
conflicts.
b. Recommend management actions pertaining to the fishery or fisheries.
c. Include conservation and management measures that prevent overfishing, while
achieving, on a continuing basis, the optimal yield from each fishery.”
Optimal yield is defined in the FRA as “The amount of fish that:
a. Will provide that greatest overall benefit to the State, particularly with respect to
food production and recreational opportunities, and taking into account the
protection of marine ecosystems;
b. Is prescribed on the basis of the maximum sustainable yield from the fishery, as
reduced by any relevant economic, social, or ecological factors; and
c. In the case of an overfished fishery, provides for rebuilding to a level consistent with
producing the maximum sustainable yield in the fishery.” (FRA; G.S. 113-182.1).
17
4.2 General Problem Statement
Striped bass are distributed throughout the coastal waters of North Carolina and have
been harvested historically (Table 4.1) from virtually all coastal systems. Over the last
40-50 years; however, the fisheries have been overwhelmingly concentrated in the
Albemarle Sound area. In addition, historical landing data (Section 13, Appendix 1)
indicate that the striped bass fisheries have always been concentrated in that area, with
minor fisheries in other coastal systems. Data collection on the Albemarle/Roanoke
(A/R) stock has been ongoing since the 1950s and was intensified in the 1980s when
the stock nearly collapsed. Significant restrictions in harvest of A/R striped bass along
with improvements in Roanoke River flow conditions since the late 1980s brought about
remarkable improvements in spawning success. In 1997, the A/R stock was declared
recovered by the ASMFC. The spawning stock biomass has increased and the age
structure of the stock has expanded. The 2001 A/R stock assessment (Carmichael
2002) continues to indicate that the stock size is increasing. Now that recovery has
been achieved, cautious increases in allowable striped bass harvest have been
permitted. In order for the future management of the A/R striped bass stock, a
reevaluation of current management regimes is warranted.
Outside the Albemarle Sound Management Area (ASMA), the DMF has conducted
spawning and nursery area surveys, and commercial fish house sampling for size, age
and sex composition data for most coastal streams, but this work ended 15-20 years
ago, varying with area, as federal aid funds were decreased (Table 4.2). The DMF 2003
stock status report lists the status of striped bass in the Central/Southern (C/S)
management unit as overfished. Commercial landing data for striped bass in these
areas are available and the WRC has been monitoring spawning stock status of striped
bass in the Neuse and Tar rivers since 1994 (Table 4.3). Otherwise, little data on these
stocks exist; clearly indicating a need for the development of management strategies to
enhance these stocks.
The 1994 Fisheries Management Plan for the Estuarine Stocks of Striped Bass in North
Carolina was developed as a recovery plan for the A/R stock. Since the A/R stock has
recovered and harvest parity has been reached between the commercial and
recreational fisheries a revised FMP is warranted to explore management options for
18
Table 4.1. North Carolina striped bass commercial landings and dockside value, 1972 - 2002.
ASMA
Pamlico
Sound
Pamlico/
Pungo rivers
Neuse/Bay
rivers
Cape Fear
River
Confidential and
Other Inside Waters
Atlantic
Ocean State total
Year Pounds Pounds Pounds Pounds Pounds Pounds Pounds Pounds Value ($)
1972 304,809 64,978 49,294 500 3,033 11,399 827,047 1,261,060 358,312
1973 529,156 27,587 73,638 4,928 1,376 7,082 1,108,169 1,751,936 591,811
1974 427,940 19,618 41,986 456 729 32,267 493,316 1,016,312 393,187
1975 615,752 17,217 55,870 7,280 1,538 20,545 584,995 1,303,197 629,928
1976 668,903 7,117 11,904 8,625 1,814 7,498 332,293 1,038,154 522,637
1977 469,402 561 9,839 0 831 316 90,702 571,651 405,263
1978 524,999 3,920 2,754 0 1,326 287 164,578 697,864 623,250
1979 326,208 6,500 32,945 0 7,811 640 240,080 614,184 577,004
1980 372,482 5,282 50,655 * 17,418 4,832 21,834 472,503 435,479
1981 333,376 3,556 20,612 * 7,394 845 51,541 417,324 451,824
1982 227,626 4,345 11,045 228 1,815 378 92,873 338,310 531,470
1983 288,677 1,184 15,035 1,018 2,500 65 52,796 361,275 491,491
1984 475,607 690 16,539 3,445 2,081 33 14,501 512,896 452,002
1985 269,671 2,842 5,919 988 * 520 * 279,940 229,586
1986 172,683 6,104 8,766 687 * 752 * 188,992 189,859
1987 228,861 24,797 6,571 1,433 * 559 0 262,221 262,542
1988 108,791 3,609 2,538 * * 977 * 115,915 116,776
1989 97,061 940 1,987 * * 842 * 100,830 101,002
1990 103,757 373 235 * * 904 8,670 113,939 159,630
1991 108,460 4,034 321 1,967 * 1,848 6,186 122,816 175,822
1992 100,549 6,019 774 9,053 * 16,912 27,702 161,009 204,434
1993 109,475 8,134 374 1,797 1,439 65,557 75,671 262,447 330,351
1994 102,367 9,974 866 8,289 481 247 139,672 261,896 353,559
1995 87,876 6,981 2,439 3,951 264 691 344,587 446,789 606,529
1996 90,100 17,321 4,230 6,965 4,140 593 58,217 181,566 220,903
1997 96,122 16,435 4,450 5,344 2,187 104 463,144 587,786 711,091
1998 123,927 11,520 7,515 5,537 501 900 272,969 422,869 520,039
1999 162,875 15,473 10,453 6,093 1,001 934 391,482 588,311 724,844
2000 214,029 9,652 16,749 4,808 566 64 161,638 407,506 471,916
2001 220,161 8,821 8,936 6,946 * 232 381,446 626,542 773,692
2002 220,834 8,616 8,207 4,133 * 16,627 441,046 699,462 853,195
* Denotes confidential data.
19
Table 4.2. Striped bass research and monitoring by the North Carolina Division of Marine Fisheries in the rivers and sounds of eastern North Carolina.
Type of work
System Spawning areas
Juvenile
abundance
Adult size, age and
sex
Migration/
Tagging Creel survey
Stock
assessment
Commercial
harvest*
Albemarle
Sound
area
1973, 1974, 1978,
1993 1972-present 1972-present 1974-present
1990-
present
**MRFSS 1994-2000 1978-present
Tar-
Pamlico
(includes
Pamlico
Sound)
1975-1976, 1980-
1981 1974-1980
1974 - 1981
1998-present
1975-1976
1979-1981
1998-2001 **MRFSS 1978- present
Neuse 1977-1979 1976-1980
1976-1981
Sep 1998- Jan 2001
1977-1981
Sep 1998- Jan 2001 **MRFSS 1978- present
White Oak 1974-1975 1973-1975 1974-1975 **MRFSS 1978- present
New 1974-1975 1973-1975
1974-75
Sep 1998- Jan 2001 **MRFSS 1978- present
Cape Fear 1976-1981 1975-1981 1976-1981 1976-1981 **MRFSS 1978- present
* Commercial harvest available for earlier years by National Marine Fisheries Service (NMFS).
** Marine Recreational Fishery Statistics Survey (MRFSS) on going in the coastal waters of these systems but geographic coverage does not provide a complete
estimate of harvest. Does provide size data on what is encountered
20
the future. Insufficient information exists for the C/S stocks to quantitatively evaluate
make sound, long term management decisions. The purpose of this plan is to examine
and recommend management measures that will promote recovery of striped bass
stocks in areas where long-term well being is in jeopardy, conserve adequate spawning
stock in all of North Carolina’s coastal striped bass stocks and protect the integrity of
critical habitats required to maintain the health of the stocks. Areas to be addressed in
the management of North Carolina’s estuarine striped bass fishery are: (1)
management strategies; (2) insufficient data and research needs; (3) protection of
habitat, water quality and quantity; and (4) socioeconomic factors.
Table 4.3. Striped bass research and monitoring work by the North Carolina Wildlife Resources
Commission in rivers of eastern North Carolina.
Type of work
System
Spawning stock
survey Egg and larvae
Adult size, age
and sex Creel survey
Chowan River 2001-2002
Roanoke River 1991- present 1981-1990 1991- present 1988- present
Albemarle Sound 1979-1980
Tar- Pamlico
1994-1995
1996- present
1970-1975
1988-1989, 1996 1970-1975 2004-2005
Neuse 1994- present
1970-1975
1988-1989
1970-1975
2002-2003
White Oak 1998, 2000
Cape Fear 1999-2000 1992-1993 2003-2004
Northeast Cape Fear 2000 1998
Inland waters of NC 1966-1968 1966-1968
21
4.3 Management Units
Striped bass are recorded from all of North Carolina’s coastal river ecosystems
(Menhinick 1991). Coastal basins with striped bass spawning, nursery and
adult/subadult habitat, which are situated wholly or primarily in North Carolina are:
Albemarle Sound and its tributaries; Pamlico Sound and its tributaries, including the
Tar/Pamlico River, Pungo River, the Neuse River; the Newport River; the White Oak
River; the New River; the Cape Fear and Northeast Cape Fear rivers and estuary; and
the Shallotte River. Additional rivers, which enter the Atlantic Ocean in South Carolina
also host striped bass and some spawning and nursery
habitat for these populations may exist in North Carolina. These include the
Waccamaw, Lumber, and Pee Dee river systems. The NC portions of these latter
systems, whose striped bass populations are largely within South Carolina jurisdiction,
will be regulated under this plan, but the biology of those populations will not be
reviewed in the plan at this time.
There are two geographic management units for this estuarine striped bass FMP and
the fisheries throughout the coastal systems of North Carolina. The management units
are defined as follows:
Albemarle Sound Management Area (ASMA)- which includes Albemarle Sound and
all its Joint and Inland Water tributaries, (except for the Roanoke, Middle, Eastmost and
Cashie rivers), Currituck, Roanoke, and Croatan sounds and all their Joint and Inland
Water tributaries, including Oregon Inlet, north of a line from Roanoke Marshes Point
35° 48’.3693’ N - 75° 43’.7232’ W across to the north point of Eagle Nest Bay 35°
44’.1710’ N - 75° 31’.0520’ W (Figure 4.1).
Roanoke River Management Area (RRMA)- Roanoke River and its Joint and Inland
Water tributaries, including Middle, Eastmost and Cashie rivers, up to the Roanoke
Rapids Dam (Figure 4.2).
Central/Southern Management Unit (CSMA) - All internal Coastal, Joint and
contiguous Inland waters of North Carolina south of a line from Roanoke Marshes Point
across to Eagle Nest Bay to the South Carolina State line (Figure 4.1).
4.4 Existing Agreements, Plans, Statutes and Rules
4.4.1 Agreements and Plans
In 1986, the North Carolina Department of Natural Resources and Community
Development, WRC and United States Fish and Wildlife Service (FWS) entered into a
cooperative agreement (Agreement No. 14-16-0004-87-904) for anadromous
species restoration in North Carolina’s coastal river basins. The cooperative program’s
intent is to restore self-sustaining stocks of anadromous fishes in coastal North Carolina
waters through a combination of fishery techniques including stocking, regulations, and
assessment. This cooperative program continues today and has resulted in numerous
cooperative fishery management ventures between state and federal agencies.
22
Figure 4.1. Boundary line between Albemarle Sound Management Area
(ASMA) and Central Southern Management Area (CSMA).
23
Figure 4.2. Boundary line between the ASMA and the Roanoke River
Management Area (RRMA), under the management of the NC
Wildlife Resources Commission.
24
In November 1990, a memorandum of agreement between the MFC and WRC was
signed to provide stewardship and continuity of management for striped bass. Through
this agreement, two distinct management zones were established: the Albemarle Sound
and Roanoke River Management Areas. Under an additional agreement the MFC,
WRC, and FWS established a cooperative for the purpose of restoring all inter-jurisdictional
fishery stocks in North Carolina.
The ASMFC was directed, under the federal Striped Bass Conservation Act (1984) to
develop a management plan, which would address all striped bass populations from
South Carolina/North Carolina border northward. The Act, during reauthorization in
1988, was amended to include Section 5, which provided that the FWS, in consultation
with the National Marine Fisheries Service (NMFS), would provide a report to Congress
summarizing the findings of a study to be conducted on North Carolina striped bass.
The Act specifically instructed the FWS to include: a description of the Albemarle
Sound-Roanoke River Basin; an investigation and analysis of the effects of land and
water use practices on the Albemarle Sound-Roanoke River striped bass stock (A/R
stock); determination of the abundance, age, geographic distribution and amount and
location of migration and spawning habitat; the extent and causes of mortality at
successive life stages, including fishing; the effects of pollution and other alterations
including water withdrawals, discharges and flows on A/R stock migration, spawning,
viability and condition of eggs and larvae; the effectiveness of current fishery and
reservoir management measures; an analysis of whether additional measures are
needed to halt the decline of the A/R stock and initiate recovery; and a recommendation
of whether conservation could be improved by managing the A/R stock under the
ASMFC Interstate Fisheries Management Plan for Striped Bass and the Act.
The report of the FWS, Albemarle Sound and Roanoke River Basin North Carolina
Striped Bass Study, was submitted to Congress in May 1992. The report contained
recommendations for restoration of the A/R stock. One of the recommendations was
that NC be allowed to continue management of its striped bass fishery, in the A/R
system, under the ASMFC plan but with its own separate management provisions. The
C/S management unit was not specifically addressed in the ASMFC plan.
Under the ASMFC Striped Bass Fishery Management Plan states are required to
implement a variety of regulations and monitoring programs within their jurisdictions.
These include a preferred minimum size of 20 inches in bays and estuaries and 28
inches in ocean waters. States can and do deviate from these preferred options, but any
alternative measures must be reviewed by the Striped Bass Technical Committee and
approved by the Striped Bass Management Board (ASMFC 1995).
The plan, implemented under ASMFC Amendment 5 of the Striped Bass FMP, requires
annual submittal of a fishing plan, as well as a report on the previous year’s fishery.
Both the annual fishing plan and annual fishery report for the A/R stock must be
accepted and approved by the ASMFC Striped Bass Technical Committee and also by
the Striped Bass Management Board. Amendment 6 to the ASMFC Striped Bass FMP
was adopted in February 2003 (ASMFC 2003).
25
The North Carolina Estuarine Striped Bass Fishery Management Plan was developed
and approved by the MFC and WRC in 1994. This plan set forth measures necessary
for continuing the recovery of the A/R stock, and advised the ASMFC of measures
which North Carolina was taking in that regard. It also put in place a commercial quota
and recreational size and bag limits for the CSMA. This coastwide plan also satisfied
the recommendation, contained in the Report to Congress, that such a plan be
prepared.
4.4.2 Statutes
All management authority for North Carolina’s striped bass fishery is vested in the State
of North Carolina. Since the stocks depend greatly on habitats found in both Coastal
and Inland Waters, the MFC and the WRC will implement management actions in their
respective jurisdictions.
General authorities noted in Section 4.1.2 provide the MFC and WRC with regulatory
powers to manage the fisheries. There are some statutes (G.S. 113-268 (a), (b), and (c)
and G.S. 113-282 c.1.) which promulgate specific rules to implement management
objectives.
4.4.3 Rules
The following rules have been enacted to manage striped bass stocks in North Carolina
through the authority vested in the MFC and WRC. (North Carolina Administrative
Code- 15A NCAC)
4.4.3.1 Marine Fisheries Commission Rules
15A NCAC SUBCHAPTER 3J- NETS, POTS, DREDGES, AND OTHER FISHING
DEVICES
SECTION .0100 – NETS RULES, GENERAL
.0101 FIXED OR STATIONARY NETS
It is unlawful to use or set fixed or stationary net:
(1) In the channel of the Intracoastal Waterway or in any other location where it
may constitute a hazard to navigation;
(2) So as to block more than two-thirds of any natural or manmade waterway,
sound, by, creek, inlet or any other body of water;
(3) In the middle third of any marked navigation channel;
(4) In the channel third of the following rivers: Roanoke, Cashie, Middle,
Eastmost, Chowan, Little, Perquimans, Pasquotank, North, Alligator, Pungo,
Pamlico, and Yeopim.
.0102 NETS OR NET STAKES
It is unlawful to use nets or net stakes:
26
(1) Within 150 yards of railroad or highway bridge crossing the Northeast Cape
Fear River, New River, White Oak River, Trent River, Neuse River, Pamlico
River, Roanoke River, and Alligator River;
(2) Within 300 yards of any highway bridge crossing Albemarle Sound,
.0103 GILL NETS, SEINES, IDENTIFICATION, RESTRICTIONS
(a) It is unlawful to use a gill net with a mesh length less than 2 ½ inches.
(b) The Fisheries Director may, by proclamation, limit or prohibit the use of gill
nets or seines in coastal waters, or any portion thereof, or impose any or all of
the following restrictions on the use of gill nets or seines:
(1) Specify area.
(2) Specify season.
(3) Specify gill net mesh length.
(4) Specify means/methods.
(5) Specify net number and length.
(c) It is unlawful to use fixed or stationary gill nets in the Atlantic Ocean, drift gill
nets in the Atlantic Ocean for recreational purposes, or any gill nets in internal
coastal waters unless such nets are marked by attaching to them at each end
two separate yellow buoys which shall be of solid foam or other solid buoyant
material no less than five inches in diameter and no less than five inches in
length. Gill nets which are not connected together at the top line shall be
considered as individual nets, requiring two buoys at the end of each individual
net. Gill nets connected together at the top line shall be considered as a
continuous net requiring two buoys at each end of the continuous net. Any
other marking buoys on gill nets used for recreational purposes shall be yellow
except one additional buoy, any shade of hot pink in color, constructed as
specified in Paragraph (c) of this Rule, shall be added at each end of each
individual net. Any other marking buoys on gill nets used in commercial fishing
operations shall be yellow except that one additional identification buoy of any
color or any combination of colors, except any shade of hot pink may be used
at either or both ends. The owner shall always be identified on a buoy on each
end either by using engraved buoys or by attaching engraved metal or plastic
tags to the buoys. Such identification shall include owner’s name and initials
and if a vessel is used, one of the following:
(1) Owner’s N.C. motor boat registration number, or
(2) Owner’s U.S. vessel documentation name.
(d) It is unlawful to use gill nets:
(1) Within 200 yards of any pound net with lead and pound or heart in use;
(2) From March 1 through October 31 in the Intracoastal Waterway within
150 yards of any railroad or highway bridge.
(e) It is unlawful to use gill nets within 100 feet either side of the center line of the
Intracoastal Waterway Channel south of Quick Flasher No. 54 in Alligator
River at the southern entrance of the Intracoastal Waterway to the South
Carolina line, unless such net is used in accordance with the following
conditions:
(1) No more than two gill nets per boat may be used at any one time;
27
(2) Any net used must be attended by the fisherman from a boat who shall
at no time be more than 100 yards from either net; and
(3) Any individual setting such nets shall remove them, when necessary, in
sufficient time to permit unrestricted boat navigation.
(f) It is unlawful to use drift gill nets in violation of 15A NCAC 3J .0101(2) and
Paragraph (e) of this Rule.
(g) It is unlawful to use unattended gill nets with a mesh length less than five
inches in a commercial fishing operation in the following areas:
(1) Pamlico River, west of a line beginning at a point on Mauls Point 35° 26
.9176’ N - 76° 55 .5253’ W; to a point on Ragged Point at 35° 27 .5768’
N - 76° 54 .3612 W;
(2) Within 200 yards of any shoreline in Pamlico River and its tributaries
east of the line from Mauls Point at 35° 26 .9176’ N - 76° 55 .5253’ W;
to Ragged Point at 35° 27. 5768’ N - 76° 54 .3612’ W and west of a line
beginning at a point on Pamlico Point at 35° 18 .5906’ N - 76° 28 .9530’
W; through Marker #1 to a point on Roos Point at 35° 22 .3622’ N - 76°
28. 2032’ W;
(3) Pungo River, east of a line beginning at a point on Durants Point at 35°
30 .5312’ N - 76° 35’ 12. 1594’ W; to the northern side of the
breakwater at 35° 31 .7198’ N - 76° 36 .9195’ W;
(4) Within 200 yards of any shoreline in Pungo River and its tributaries
west of a line from Durants Point at 35° 30 .5312’ N - 76° 35 .1594’W;
to the northern side of the breakwater at 35° 31 .7198’ N - 76° 35 .1594’
W, and west of a line beginning at a point on Pamlico Point at 35° 18
.5906’ N - 76° 28 .9530’ W; through Marker #1 to a point on Roos Point
at 35° 22 .3622’ N - 76° 28 .2032’W;
(5) Neuse River and its tributaries northwest of the Highway 17 high-rise
bridge;
(6) Trent River and its tributaries;
(7) Within 200 yards of any shoreline in Neuse River and its tributaries east
of Highway 17 high-rise bridge and west of a line beginning at a point
on Wilkinson Point at 34° 57 .9166’ N - 76° 48 .2240’ W; to a point on
Cherry Point at 34° 56 .3658’ N - 76° 48 .7110’ W.
(h) It is unlawful to use unattended gill nets with a mesh length less than five
inches in a commercial fishing operation from May 1 through October 31 in the
following internal coastal and joint waters of the state south of a line beginning
at a point on Roanoke Marshes Point at 35° 48 .3693’ N - 75° 43 .7232’ W; to
a point on Eagle Nest Bay at 35° 44 .1710’ N - 75° 31 .0520’ W to the South
Carolina State Line:
(1) All primary nursery areas described in 15A NCAC 3R .0103, all
permanent secondary nursery areas described in 15A NCAC 3R .0104,
and no trawl areas described in 15A NCAC 3R .0106(3), (4), (6), and
(7);
(2) In the area along the Outer Banks, beginning at a point on Core Banks
at 34° 58 .7853’ N - 76° 09 .8922’ W; to a point on Wainwright Island at
28
34° 59 .4664’ N - 76° 12 .4859’ W; to a point at 35° 00 .2666’ N - 76° 12
.2000’ W; (M) to a point near Beacon “HL” at 35° 01. 5833’ N - 76° 11
.4500’ W; to a point near North Rock at 35° 06 .4000’ N - 76° 04 .3333’
W; to a point near Nine Foot Shoal Channel at 35° 08 .4333’ N - 76° 02
.5000’ W; to a point near the west end of Clark Reef at 35° 09 .3000’ N
- 75° 54 .8166’ W; to a point south of Legged Lump at 35° 10 .9666’ N -
75° 49 .7166’ W; to a point on Legged Lump at 35° 11 .4833’ N - 75° 51
.0833’ W; to a point near No. 36 in Rollinson Channel at 35° 15 .5000’
N - 75° 43 .4000’ W; to a point near No. 2 in Cape Channel at 35° 19
.0333’ N - 75° 36 .3166’ W; to a point near No. 2 in Avon Channel at
35° 22 .3000’ N - 75° 33 .2000’ W; to a point on Gull Island at 35° 28
.4500’ N - 75° 31 .3500’ W; to a point west of Salvo at 35° 32 .6000’ N -
75° 31 .8500’W; to a point west of Rodanthe Pier at 35° 35 .0000’N -
75° 29 .8833’W; to a point near No. 2 in Chicamacomico Channel, to a
point west of Beach Slough at 35° 40 .0000’N - 75° 32 .8666’W; to a
point west of Pea Island at 35° 45 .1833’ N - 75° 34 .1000’ W; to a point
at 35° 44 .1710’ N - 75° 31 .0520’W. Thence running south along the
shoreline across the inlets to the point of beginning;
(3) In Back and Core sounds, beginning at a point on Shackleford Banks at
34° 39 .6601’ N - 76° 34 .4078 W; to a point at Marker #3 at 34° 41
.3166’ N - 76° 33 .8333’ W; to a point at 34° 40 .4500’ N - 76° 30 .6833’
W; to a point near Marker “A37” at 34° 43 .5833’ N - 76° 28 .5833’ W; to
a point at 34° 43 .7500’ N - 76° 28 .6000’ W; to a point at 34° 48 .1500’
N - 76° 24 .7833’ W; to a point near Drum Inlet at 34° 51 .0500’ N - 76°
20 .3000’ W; to a point at 34° 53 .4166’ N - 76° 17 .3500’ W; to a point
at 34° 53 .9166’ N - 76° 17 .1166’ W; to a point at 34° 53 .5500’ N - 76°
16 .4166’ W; to a point at 34° 56 .5500’ N - 76° 13 .6166’ W; to a point
at 34° 53 .5500’ N - 76° 16 .4166’ W; to a point at 34° 56 .4833’ N - 76°
13 .2833 W; to a point at 34°58 .1833 N - 76° 12 .3000 W; to a point at
34° 58 .8000’ N - 76° 12 .5166’ W; to a point on Wainwright Island at
34° 59 .4664’ N - 76° 12 .4859’ W; to a point on Core Banks at 34° 58
.7832’ N - 76° 09 .8922’ W; thence following the shoreline south across
Drum and Barden inlets to a point of beginning;
(4) Within 200 yards of any shoreline, except from October 1 through
October 31, south and east of Highway 12 in Carteret County and south
of a line from a point on Core Banks at 34° 58 .7853’ N - 76° 09 .8922’
W; to Camp Point at 34° 59 .7942’ N - 76° 14 .6514’ W to the South
Carolina State Line.
15A NCAC SUBCHAPTER 3M- FINFISH
SECTION .0100 – FINFISH, GENERAL
29
.0101 MUTILATED FINFISH
It is unlawful to possess aboard a vessel or while engaged in fishing from the
shore or a pier any species of finfish which is subject to a size or harvest
restriction without having head and tail attached. Blueback herring, hickory shad
and alewife shall be exempt from this Rule when used for bait provided that not
more than two fish per boat or fishing operation may be cut for bait at any one
time.
SECTION .0200- STRIPED BASS
.0201 GENERAL
(a) Striped bass is defined as striped bass (Morone saxatilis) and its hybrids
taken in coastal and joint waters.
(b) Hook-and-line fishing equipment is not commercial fishing equipment in the
striped bass fishery. It is unlawful to sell or purchase striped bass taken by
hook-and-line. Striped bass taken legally with hook-and-line may be
possessed and transported.
(c) It is unlawful to possess striped bass imported from other states less than 18
inches long (total length).
(d) It is unlawful to import, buy, sell, transport, offer to buy or sell, or possess
striped bass except:
(1) during the open season in internal coastal waters established in 15A
NCAC 3M .0202;
(2) during any open season established for the Atlantic Ocean in 15A
NCAC 3M 0.204; or
(3) during any open season of another state without possession of the
following:
(A) A bill of lading as described in 15A NCAC 3O .0114;
(B) A numbered, state-issued tag from the State of origin affixed
through the mouth and gill cover. This tag must remain affixed
until processed for consumption by the consumer.
.0202 SEASON, SIZE AND HARVEST LIMIT: INTERNAL COASTAL WATERS
(a) The Fisheries Director may, by proclamation, impose any or all the
following restrictions on the taking of striped bass in internal coastal waters:
(1) Specify season or seasons:
(A) for recreational purposes;
(B) for commercial fishing operations from October 1 through April 30,
(2) Specify areas,
(3) Specify quantity,
(4) Specify means/methods,
(5) Specify size, but the minimum size specified shall not be less than
18 inches total length, and
(6) Require submission of statistical and biological data. Fish that do
not meet the minimum size limit specified by proclamation shall
30
immediately be returned to the waters from which taken
regardless of condition.
(b) The Fisheries Director may, by proclamation, impose any or all the following
restrictions on the taking of striped bass by hook-and-line or for recreational
purposes in internal coastal waters in order to comply with the management
requirements incorporated in the North Carolina Estuarine Striped Bass Plan:
(1) Specify quantity, but shall not exceed possession of more than three
fish in any one day, and
(2) Specify size, but the minimum size specified shall not be less than 18
inches total length.
.0204 SEASON, SIZE AND HARVEST LIMIT: ATLANTIC OCEAN
(a) It is unlawful to possess striped bass taken from the Atlantic Ocean less than
the size limit as determined by the Atlantic States Marine Fisheries
Commission in their Interstate Fisheries Management Plan for striped bass.
The Fisheries Director shall issue proclamations necessary to bring North
Carolina’s size limit in compliance with the Interstate Fisheries Management
Plan.
(b) It is unlawful to buy, sell, transport, or possess striped bass from the Atlantic
Ocean by any means except that the Fisheries Director may establish an
open season at any time, and is further empowered to impose any or all of
the following restrictions:
(1)Specify number of days,
(2)Specify areas,
(3)Specify means and methods which may be employed in the taking,
(4)Specify time period,
(5)Limit the quantity, both commercially and recreationally, and
(6)Provide for biological sampling of fish harvested.
.0205 PROHIBITED TRAWLING
(a) It is unlawful to possess striped bass on a vessel with a trawl net on that
vessel in internal coastal waters except during transit from ocean fishing
grounds to port during any open season in the Atlantic Ocean established by
proclamation. Striped bass so possessed must meet the minimum size limit
set by proclamation.
(b) It is unlawful to possess striped bass on a vessel in the Atlantic Ocean with a
trawl net on that vessel except during any open season in the Atlantic Ocean
established by proclamation.
.0206 HYBRID STRIPED BASS CULTURE
Culture and sale of hybrid striped bass conducted in accordance with Rule 15A
NCAC 10H Section .0700 of the North Carolina Wildlife Resources Commission
shall be exempt from rules of the North Carolina Marine Fisheries Commission
concerning striped bass.
31
15A NCAC SUBCHAPTER 3O- LICENSES, LEASES AND FRANCHISES
SECTION .0300- RECREATIONAL COMMERCIAL GEAR LICENSES
.0301 ELIGIBILITY FOR RECREATIONAL COMMERCIAL GEAR LICENSES
(a) It is unlawful for any individual to hold more than on Recreational
Commercial Gear License.
(b) Recreational Commercial Gear Licenses shall only be issued to individuals.
.0302 AUTHORIZED GEAR
(a) The following are the only commercial fishing gear authorized (including
restrictions) for use under a valid Recreational Commercial Gear License:
(1) One seine 30 feet or over in length but not greater than 100 feet with a
mesh length less than 2 ½ inches when deployed or retrieved without
the use of a vessel or any other mechanical methods. A vessel may
only be used to transport the seine;
(2) One shrimp trawl with a headrope not exceeding 26 feet in length per
vessel. Mechanical methods for retrieving the trawl are not authorized
for recreational purposes, including but not limited to, hand winches
and block and tackle;
(3) With or without a vessel, five eel, fish, shrimp, or crab pots in any
combination, except only two pots of the five may be eel pots. Peeler
pots are not authorized for recreational purposes;
(4) One multiple hook or multiple bait trotline up to 100 feet in length;
(5) Gill Nets:
(A) Not more than 100 yards of gill nets with a mesh length equal to
or greater than 2 ½ inches except as provided in (5) (C) of this
Rule. Attendance is required at all times;
(B) Not more than 100 yards of gill nets with a mesh length equal to
or greater than 5 ½ inches except as provided in (5) (C) of this
Rule. Attendance is required when used from one hour after
sunrise through one hour before sunset in the Atlantic Ocean and
north and west of a line beginning at a point at the Fort Macon
rock jetty at 34° 41.8100’ N - 76° 40.6244’ W, running to a point at
the east end of the Beaufort Highway 70 Drawbridge at 34°
43.3417’ N - 76° 40.0992’ W including Newport River. The
northern boundary in Newport River is the Highway 101 Bridge.
Attendance is required at all times south and west of that line in
internal waters; and
(C) Not more than 100 yards of gill net may be used at any one time,
except that when two or more Recreational Commercial Gear
License holders are on board, a maximum of 200 yards may be
used from a vessel;
(D) It is unlawful to possess aboard a vessel more than 100 yards of
gill nets with a mesh length less than 5 ½ inches identified as
recreational commercial fishing equipment when only one
32
recreational Commercial Gear License holder is on board. It is
unlawful to possess aboard a vessel more than 200 yards of gill
nets with a mesh length less than 5 ½ inches and more than 200
yards of gill nets with a mesh length equal to or greater than 5 ½
inches identified as recreational commercial fishing equipment
when two or more Recreational Commercial Gear License holders
are on board; and
(6) A hand-operated device generating pulsating electrical current for the
taking of catfish in the area described in 15A NCAC 03J .0304.
(b) It is unlawful to use more than the quantity of authorized gear
specified in Subparagraphs (a) (1) – (a) (6) of this Rule,
regardless of the number of individuals aboard a vessel
possessing a valid recreational Commercial Gear License.
(c) It is unlawful for a person to violate the restrictions of or use gear
other than authorized by Paragraph (a) of this Rule.
(d) Unless otherwise provided, this Rule does not exempt
Recreational Commercial Gear License holders from the
provisions of other applicable rules of the Marine Fisheries
Commission or provisions of proclamations issued by the
Fisheries Director as authorized by the Marine Fisheries
Commission.
.0303 RECREATIONAL COMMERCIAL GEAR LICENSE POSSESSION LIMITS
(a) It is unlawful to possess more than a single recreational possession limit
when only one person aboard a vessel possesses a valid Recreational
Commercial Gear License and recreational commercial fishing equipment as
defined in 15A NCAC 03O.0302 (a) is used, regardless of the number of
persons on board.
(b) It is unlawful to possess individual recreational possession limits in excess of
the number of individuals aboard a vessel holding valid Recreational
Commercial Gear Licenses.
(c) It is unlawful for any person who holds both a Recreational Commercial Gear
License and a Standard or Retired Standard Commercial Fishing License
and who is in possession of identified recreational commercial fishing
equipment as defined in 15A NCAC 03O .0302 (a), to exceed the single
recreational possession limit.
(d) It is unlawful for persons aboard a vessel collectively holding only one
Recreational Commercial Gear License and any Standard Commercial
Fishing License or Retired Standard Commercial fishing License and who
are in possession of any identified recreational commercial fishing equipment
as defined in 15A NCAC 03O .0302 (a), to exceed one recreational
possession limit.
SECTION .0500 PERMITS
33
.0503 PERMIT CONDITIONS; SPECIFIC
(b) Dealers Permits for Monitoring Fisheries under a Quota/Allocation:
(1) During the commercial season opened by proclamation or rule for the
fishery for which a Dealers Permit for Monitoring Fisheries under a
Quota/Allocation permit is issued, it is unlawful for fish dealers issued
such permit to fail to:
(A) Fax or send via electronic mail by noon daily, on forms provided
by the Division, the previous day’s landings for the permitted
fishery to the dealer contact designated on the permit. Landings
for Fridays or Saturdays may be submitted on the following
Monday. If the dealer is unable to fax or electronic mail the
required information, the permittee may call in the previous day’s
landings to the dealer contact designated on the permit but t must
maintain a log furnished by the Division;
(B) Submit the required log to the Division upon request or no later
than five days after the close of the season for the fishery
permitted;
(C) Maintain faxes and other related documentation in accordance
with 15A NCAC 3I .0114;
(D) Contact the dealer contact daily regardless of whether or not a
transaction for the fishery for which a dealer is permitted occurred:
(E) Record the permanent dealer identification number on the bill of
lading or receipt for each transaction or shipment from the
permitted fishery.
(2) Striped Bass Dealer Permit:
(A) It is unlawful for a fish dealer to possess, buy, sell or
offer for sale striped bass taken from the following
areas without first obtaining a Striped Bass Dealer
Permit validated for the applicable harvest area:
(i) Atlantic Ocean;
(ii) Albemarle Sound Management Area for Striped
Bass, which is, defined as Albemarle Sound and
all its joint water tributaries including Roanoke
River, up to the Hwy. 258 bridge; Eastmost and
Middle Rivers, and Cashie River below Sans
Souci Ferry; Currituck Sound and all its joint water
tributaries; Roanoke and Croatan Sounds and all
their joint water tributaries, including Oregon Inlet,
east of a line from Baum Point 34° 55 .1602’ N -
75° 39 .5736’ W; to Rhodoms Point 36° 00 .2146’
N - 75° 43 .6399’ W and east of a line from
Eagleton Point 36° 01 .3178’ N - 75° 43 .6585’
W; to Long Point 36° 02 .4971’ N - 75° 44 .2261’
W at the mouth of Kitty Hawk Bay and north of a
line from Roanoke Marshes Point 35° 48 .3693’
N – 75° 43 .1710’ W, to the north point of Eagle
34
Nest Bay 35° 44 .1710’ N - 75° 31 .0520’ W;
Croatan Sound south of a line at the Highway
64/264 bridge at Manns Harbor and north of a line
from Roanoke Marshes Point 35° 48 .3693’ N -
75° 43 .7232’ W; to the north point of Eagle Nest
Bay 35° 44 .1710’ N - 75° 31 .0520’ W;
(iii) Central Area which is defined as all internal
coastal waters of Carteret, Craven, Beaufort, and
Pamlico counties; Pamlico and Pungo rivers; and
Pamlico Sound south of line from Roanoke
Marshes Point 35° 48 .3693’ N - 75° 43 .7232’ W,
to the north point of Eagle Nest Bay 35° 44 .1710’
N - 75° 31 .0520’ W (southern boundary of
Albemarle Sound Management Area for Striped
Bass) to the county boundaries;
(iv) Southern Area, which is, defined as all internal
coastal waters of Pender, Onslow, New Hanover
and Brunswick counties.
(B) No permittee may possess, buy, sell or offer for sale striped
bass taken from the harvest areas opened by proclamation
without having a North Carolina Division of Marine Fisheries
issued valid tag for the applicable area affixed through the
mouth and gill cover or, in the case of striped bass imported
from other states, a similar tag that is issued for striped bass
in the state of origin. North Carolina Division of Marine
Fisheries striped bass tags may not be bought, sold, offered
for sale, or transferred. Tags shall be obtained at the North
Carolina Division of Marine Fisheries Offices. The Division of
Marine Fisheries shall specify the quantity of tags to be
issued based on historical striped bass landings. It is
unlawful for the permittee to fail to surrender unused tags to
the Division upon request.
15A NCAC SUBCHAPTER 3Q- JURISDICTION OF AGENCIES: CLASSIFICATION
OF WATERS
SECTION .0100- GENERAL REGULATIONS: JOINT
.0107 SPECIAL RULES, JOINT WATERS
In order to effectively manage all fisheries resources in joint waters and in order to
confer enforcement powers on both fisheries enforcement officers and wildlife
enforcement officers with respect to certain rules, the Marine Fisheries
Commission and the Wildlife Resources Commission deem it necessary to adopt
special rules for joint waters. Such rules supersede any inconsistent rules of the
Marine Fisheries Commission or the Wildlife Resources Commission that would
35
otherwise be applicable in joint waters under the provisions of 15A NCAC 3Q
.0106:
(1) Striped bass:
(a) It is unlawful to possess any striped bass or striped bass hybrid taken
by any means which is less than 18 inches long (total length).
(b) It is unlawful to possess more than three striped bass or striped bass
by hook and line or with gear authorized by a Recreational Commercial
Gear License in any one day from joint waters.
(c) It is unlawful to engage in net fishing for striped bass or striped bass
hybrids in joint waters except as authorized by duly adopted rules of the
Marine Fisheries Commission.
(d) It is unlawful to possess striped bass or striped bass hybrids in the joint
waters of Albemarle, Currituck, Roanoke, and Croatan Sounds and
their tributaries, excluding the Roanoke River, except during seasons
as authorized by duly adopted rules of the Marine Fisheries
Commission.
(e) In the joint waters of the Roanoke River and its tributaries including
Cashie, Middle and Eastmost Rivers, striped bass and hybrid striped
bass fishing season, size limits and creel limits shall be the same as
those established by duly adopted rules of the Wildlife Resources
Commission for adjacent inland fishing waters.
.0108 MANAGEMENT PLANS FOR STRIPED BASS IN JOINT WATERS
In order to effectively manage the recreational hook and line harvest in joint waters
of the Albemarle-Roanoke stock of striped bass, the Marine Fisheries Commission
and the Wildlife resources Commission deem it necessary to establish two
management areas for the joint waters of the Albemarle Sound and the Roanoke
River, along with their defined tributaries. The Wildlife Resources Commission shall
have principal management responsibility for the stock when it is in the joint and
inland fishing waters of the Roanoke River and its tributaries including Cashie,
Middle, and Eastmost Rivers. The Marine Fisheries Commission shall have principal
management responsibility for the stock in the remaining waters of the Albemarle,
Currituck, Roanoke and Croatan Sounds and their tributaries, including joint and
inland waters. The annual quota for recreational harvest of the Albemarle-Roanoke
striped bass shall be divided equally between the two management areas. The
management plan shall:
(1) Be consistent with the guidelines established in the Atlantic States Marine
Fisheries Commission Plan for Striped Bass.
(2) Limit harvest to a one fish per person per day creel limit in areas for which no
data collection program is ongoing.
.0109 IMPLEMENTATION OF STRIPED BASS MANAGEMENT PLANS:
RECREATIONAL FISHING
The Marine Fisheries and Wildlife Resources Commissions shall implement their
respective striped bass management plans for recreational fishing pursuant to their
36
respective rule-making powers. To preserve jurisdictional authority of each
Commission while establishing a means to implement their management plans, the
Commissions find it necessary to create a means through which management
measures can be implemented by a single instrument in each management area.
(1) In the Roanoke River and tributaries, the exclusive authority to open and
close seasons and areas, whether inland or joint fishing waters shall be
vested in the Wildlife Resources Commission. The Wildlife Resources
Commission shall initiate action to close the management area when 90
percent of the assigned quota has been taken. An instrument closing any
management area in joint waters shall operate as and shall be a jointly
issued instrument opening or closing seasons or areas to harvest in the
Roanoke River management area.
(2) In the Albemarle Sound management area, the exclusive authority to open
and close seasons and areas, whether coastal or joint fishing waters shall be
vested in the Marine Fisheries Commission. The Marine Fisheries
Commission shall initiate action to close the management area when 90
percent of the assigned quota has been taken. In the Albemarle Sound
management area administered by the Marine Fisheries Commission, an
instrument or action by the Marine Fisheries Commission affecting the
harvest in joint and coastal waters, excluding the Roanoke River
management area, shall automatically be implemented and effective as a
Wildlife Resources Commission action in the inland waters and tributaries to
the waters affected.
4.4.3.2 Wildlife Resources Commission Rules
15A NCAC 10C .0107 SPECIAL REGULATIONS: JOINT WATERS
In order to effectively manage all fisheries resources in joint waters and in order to
confer enforcement powers on both fisheries enforcement officers and wildlife
enforcement officers with respect to certain rules; the Marine Fisheries
Commission and the Wildlife Resources Commission deem it necessary to adopt
special rules for joint waters. Such rules supercede any inconsistent rules of the
Marine Fisheries Commission or the Wildlife Resources Commission that would
otherwise be applicable in joint waters under the provisions of 15A NCAC 10C
.0106:
(1) Striped Bass
(a) It shall be unlawful to possess any striped bass or striped bass hybrid
taken by any means which is less than 18 inches long (total length).
(b) It shall be unlawful to possess more than three striped bass or their
hybrids taken by hook and line in any one day from joint waters.
(c) It shall be unlawful to engage in net fishing for striped bass or their
hybrids in joint waters except as authorized by duly adopted rules of the
Marine Fisheries Commission.
(d) It is unlawful to possess striped bass or striped bass hybrids in the joint
waters of Albemarle, Currituck, Roanoke and Croatan Sounds and their
37
tributaries, excluding the Roanoke River, except during seasons as
authorized by duly adopted rules of the Marine Fisheries Commission.
(e) In the joint waters of the Roanoke River and its tributaries, including
Cashie, Middle and Eastmost Rivers, striped bass and hybrid striped
bass fishing season, size limits and creel limits shall be the same as
those established and authorized by duly adopted rules of the Wildlife
Resources Commission for adjacent inland fishing waters.
15A NCAC 10C .0110 MANAGEMENT PLANS FOR STRIPED BASS IN JOINT
WATERS
In order to effectively manage the recreational hook and line harvest in joint waters
of the Albemarle-Roanoke stock of striped bass, the Marine Fisheries Commission
and the Wildlife Resources Commission deem it necessary to establish two
management areas for the joint waters of the Albemarle Sound and Roanoke River,
along with their defined tributaries. The Wildlife Resources Commission shall have
principal management responsibility for the stock when it is in the joint and inland
fishing waters of the Roanoke River and its tributaries, including Cashie, Middle and
Eastmost Rivers. The Marine Fisheries Commission shall have principal
management responsibility for the stock in the remaining waters of the Albemarle,
Currituck, Roanoke and Croatan Sounds and their tributaries, including joint and
inland waters. The annual quota for recreational harvest of the Albemarle-Roanoke
striped bass stock shall be divided equally between the two management areas.
The management plans shall:
(1) Be consistent with the guidelines established in the Atlantic States Marine
Fisheries Commission Plan for Striped Bass.
(2) Limit harvest to a one fish per person per day creel limit in areas for which no
data collection program is ongoing.
15A NCAC 10C .0111 IMPLEMENTATION/STRIPED BASS MANAGEMENT
PLAN/RECREATIONAL FISHING
The Marine Fisheries and Wildlife Resources Commissions shall implement their
respective striped bass management plans for recreational fishing pursuant to their
respective rulemaking powers. To preserve jurisdictional authority of each
Commission while establishing a means to implement their management plans, the
Commissions find it necessary to create a means through which management
measures can be implemented by a single instrument in each management area.
(1) In the Roanoke River and tributaries, the exclusive authority to open and close
seasons and areas, whether inland or joint fishing waters shall be vested in the
Wildlife Resources Commission. The Wildlife Resources Commission shall
initiate action to close the management area when 90 percent of the assigned
quota has been taken. An instrument closing any management area in joint
waters shall operate as and shall be a jointly issued instrument opening or
closing seasons or areas to harvest in the Roanoke River management area.
(2) In the Albemarle Sound management area, the exclusive authority to open
and close seasons and areas, whether coastal or joint fishing waters shall be
vested in the Marine Fisheries Commission. The Marine Fisheries Commission
38
shall initiate action to close the management area when 90 percent of the
assigned quota has been taken. In the Albemarle Sound management area
administered by the Marine Fisheries Commission, an instrument or action by
the Marine Fisheries Commission affecting the harvest in joint and coastal
waters, excluding the Roanoke River management area, shall automatically be
implemented and effective as a Wildlife Resources Commission action in the
inland waters and tributaries to the waters affected.
15A NCAC 10C .0215 REPLACEMENT COSTS OF WILDLIFE RESOURCES-FISH
(a) Replacement Costs Distinguished. As it applies to fishes the term
“replacement costs” must be distinguished from the “value” of the fish
concerned. Except in cases where fish may lawfully be sold on the open
market, as with commercially reared species, the monetary value of the
specimens cannot be determined easily. The degree of special interest or
concern in a particular species by the public, including not only anglers, but
also conservationists and those whom the value of fishes is primarily
aesthetic, cannot be measured in dollar amounts. The average cost per fish
legally taken by anglers including travel and lodging, fishing equipment and
bait, excise taxes on equipment, licenses and other fees, may fairly be
estimated. This too, however, is a reflection of the value of fish species
should be considered only as they may bear on the necessity or desirability
of actual replacement.
(b) Factors to be Considered. The factors which should be considered in
determining the replacement costs of resident species of fishes that have
been taken, injured, removed, harmfully, altered, damaged, or destroyed
include the following:
(1) whether the species is classified as endangered or threatened;
(2) the relative frequency of occurrence of the species in the state;
(3) the extent of existing habitat suitable for the species within the state;
(4) the dependency of the species on unique habitat requirements;
(5) the cost of improving and maintaining suitable habitat for the species;
(6) the cost of capturing the species in areas of adequate populations and
transplanting them to areas of suitable habitat with low populations;
(7) the cost of propagating and rearing the species in a hatchery and the
cost of transporting them to areas of suitable habitat with low
populations;
(8) the availability of the species and the cost of acquisition for restocking
purposes;
(9) the cost of those species which, when released, have a probability of
survival in the wild;
(10) the ratio between the natural life expectancy of the species and the
period of its probable survival when, having been reared in a hatchery,
it is released to the wild;
(11) the change in value of money as reflected by the consumer price index,
39
(c) Costs of Replacement. Based on the factors listed in Paragraph
(b) of this Rule, including the June, 1980, consumer price index of
247.6 percent of the 1967 base, the following fishes are listed with
the estimated replacement cost:
Species Weight Replacement Cost
Striped bass and up to 5 lbs. $ 25/fish
Bodie bass 5 lbs. to 10 lbs. $ 20/lb.
10 lbs. to 20 lbs. $ 25/lb.
Over 20 lbs. $ 30/lb.
15A NCAC 10C .0301 INLAND GAME FISHES DESIGNATED
The following fishes are classified and designated as inland game fishes:
(10) striped bass and Morone hybrids (striped bass-white bass), when found in
inland fishing waters;
15A NCAC 10C .0302 MANNER OF TAKING INLAND GAME FISHES
(d) In the inland waters of the Roanoke River upstream of U.S. 258 bridge, only
a single barbless hook or a lure with a single barbless hook may be used
from 1 April to 30 June. Barbless as used in this Rule, requires that the hook
does not have a barb or the barb is bent down.
15A NCAC 10C .0304 TAKING AND POSSESSION OF INLAND GAME FISHES
(a) It is unlawful to take in one day more than the daily creel limit of those
species of inland game fish having a specified creel limit; to possess more
fish than the daily creel limit in effect on those waters being fished; to
possess any fish outside of the size limit in effect on those waters being
fished; to possess more fish than the daily creel limit while boating or afield;
or to possess at any place more than three days creel limit. It is unlawful to
destroy unnecessarily any inland game fish taken from public fishing waters.
(b) No person while fishing shall remove the head or tail or otherwise change the
appearance of any game fish having a minimum size limit so as to render it
impracticable to measure its total original length. No person while fishing
shall change the appearance of any game fish having a daily creel limit so as
to obscure its identification or render it impracticable to count the number of
fish in possession.
15A NCAC 10C .0305 OPEN SEASONS: CREEL AND SIZE LIMITS
(a) Generally. Subject to the exceptions listed in Paragraph (b) of this Rule, the
open seasons and creel and size limits are as indicated in the following table:
40
Game Fishes Daily Creel Limits Minimum Size Limits Open Season
Striped Bass
and their hybrids
(Morone Hybrids)
8 aggregate
(excs. 1, 5 & 12)
16 in.
(excs. 1, 6, 5 & 10)
All Year
(excs. 5, 12, &
14)
(b) Exceptions
(5) In the inland fishing waters of Cape Fear, Neuse, Pee Dee, Pungo and
Tar Pamlico rivers and their tributaries extending upstream to the first
impoundment, and Lake Mattamuskeet, the daily creel limit for striped
bass and their hybrids is three fish in aggregate and the minimum
length is 18 inches. In the Tar Pamlico River and its tributaries
upstream of the NC 55 bridge in Lenior County, no striped bass or
striped bass hybrids between the lengths of 22 inches and 27 inches
shall be retained during the period April 1 through May 31.
(6) The open season for taking and possessing striped bass and their
hybrids in the Roanoke River Striped Bass Management Area is March
1 through April 15 from the joint-coastal fishing waters boundary at
Albemarle Sound upstream to the US 258 bridge and is March 15
through April 30 from the US 258 bridge upstream to Roanoke Rapids
Lake dam. During the open season the daily creel limit for striped bass
and their hybrids is two fish and no fish between 22 inches and 27
inches in length shall be retained.
(13) In designated inland fishing waters of Roanoke Sound, Croatan Sound,
Albemarle Sound, Chowan River, Currituck Sound, Alligator River,
Scuppernong River, and their tributaries (excluding the Roanoke River,
and Cashie River and their tributaries), striped bass fishing season, size
limits and creel limits shall be the same as those established by duly
adopted rules or proclamations of the Marine Fisheries Commission in
adjacent joint or coastal fishing waters.
(15) The Executive Director may, by proclamation, suspend or extend the
hook-and-line season for striped bass in the inland and joint waters of
coastal rivers and their tributaries. It is unlawful to violate the provisions
of any proclamation issued under this authority.
SECTION .0500- PRIMARY NURSERY AREAS
15A NCAC 10C .0501 SCOPE AND PURPOSE
To establish and protect those fragile inland waters which support embryonic,
larval or juvenile populations of marine or estuarine fish or crustacean species.
These rules will set forth permanent nursery areas in inland fishing waters.
Nursery areas are necessary for the early growth and development of virtually all
of North Carolina’s important marine or estuarine fish or crustacean species.
Nursery areas need to be maintained, as much as possible, in their natural state,
and the fish and crustacean populations within them must be permitted to develop
in a normal manner with as little interference from man as possible.
41
15A NCAC 10C .0502 PRIMARY NURSERY AREAS DEFINED
Primary nursery areas are defined as those areas inhabited by the embryonic,
larval or juvenile life stages of marine or estuarine fish or crustacean species due
to favorable physical, chemical or biological factors.
15A NCAC 10C .0503 DESCRIPTIVE BOUNDARIES
The following waters have been designated as primary nursery areas:
(1) North River:
(a) Broad Creek- Camden County- Entire stream;
(b) Deep Creek- Currituck County- Entire stream;
(c) Lutz Creek- Currituck County- Entire stream.
(2) Alligator River:
(a) East Lake- Dare County- Inland waters portion;
(b) Little Alligator River- Tyrrell County- Entire stream.
(3) Currituck Sound:
(a) Martin Point Creek- Dare County- Entire stream (Jean Guite
Creek);
(b) Tull Creek and Bay- Currituck County- Tull Bay to mouth of
Northwest River;
Tull Creek from mouth upstream to SR 1222 bridge.
(4) Pamlico River:
(a) Duck Creek- Beaufort County- Entire stream;
(b) Bath Creek- Beaufort County- Entire stream;
(c) Mixons Creek- Beaufort County- Entire stream;
(d) Porter Creek- Beaufort County- Entire stream;
(e) Tooleys Creek- Beaufort County- Entire stream;
(f) Jacobs Creek- Beaufort County- Entire stream;
(g) Jacks Creek- Beaufort County- Entire stream;
(h) Bond Creek- Beaufort County- Entire stream;
(i) Muddy Creek- Beaufort County- Entire stream;
(j) Strawhorn Creek- Beaufort County- Entire stream;
(k) South Prong Wright Creek- Beaufort County- Entire stream;
(l) Jordan Creek- Beaufort County- Entire stream.
(5) Neuse River:
(a) Slocum Creek- Craven County- Entire stream;
(b) Hancock Creek- Craven County- entire stream.
(6) New River:
(a) French Creek- Onslow County- Entire stream;
(b) New River- Onslow County- US Highway 17 bridge to point 0.75
miles upstream.
(7) Roanoke River: Halifax and Northhampton counties- US Hwy 258 bridge
to Roanoke Rapids dam
(8) Tar-Pamlico River: Nash, Edgecombe, Pitt and Beaufort counties- N&S
railroad at Washington upstream to Rocky Mount Mills Dam.
(9) Neuse River: Wake, Johnson, Wayne, Lenior, Pitt and Craven counties-
Pitchkettle Creek upstream to Millburnie Dam.
42
(10) Cape Fear River: Chatham, Lee, Harnett, Cumberland and Bladen
counties- Lock and Dam No. 1 to Buckhorn dam.
5.0. GENERAL LIFE HISTORY
5.1 Description and Distribution
The accepted common and scientific names for the species are striped bass, Morone
saxatilis, (Walbaum) (Robins et al. 1991). In North Carolina it is also known as striper,
rockfish, or rock. The body of a striped bass is elongate and moderately compressed
with a slightly arched back. The lower jaw protrudes and extends posteriorly to the
middle of the orbit. Color dorsally ranges from shades of green to steel blue or almost
black. The sides are silvery with 7 or 8 dark, more or less continuous stripes, one of
which always follows the lateral line, with 3 or 4 others above it and 3 below. Ventrally,
the fish are white to silver with brassy iridescence. They have one soft and one spiny
dorsal fin separated at the base and about equal in length. Striped bass are relatively
long-lived and capable of attaining moderately large size. Fish weighing 50 or 60
pounds are not exceptional. In general, females grow larger than males; reported
maximum lengths are 1,524 mm FL (60.0 inches) and 1,156 mm FL (45.5 inches),
respectively (Hill et al. 1989; ASMFC 1990). The largest striped bass on record are two
females caught in Albemarle Sound, North Carolina weighing 125 pounds each (Smith
1907).
5.2 General Life History
Studies from 1938 through the 1990s indicate that only a small portion of striped bass
spawned in the A/R system migrates out of the system to offshore waters (North
Carolina Striped Bass Study Management Board 1992). Since the A/R stock has
recovered and expanded however, an increasing number of tag returns indicate that
larger A/R striped bass are migrating to the Atlantic Ocean and to northern coastal
waters. This increase in distant tag returns likely reflects an increase in survival of larger
individuals and the inability of these individuals to tolerate high summertime water
temperatures of Albemarle Sound. In order to spawn successfully, striped bass require
waters having suitable flows, salinities, temperatures, and other aspects of habitat
quality, which make the species particularly vulnerable to river flow alterations (Rulifson
et al. 1982b).
5.2.1 Spawning
Striped bass spawn in fresh water or nearly freshwater portions of North Carolina
coastal rivers from late March to June depending upon water temperatures (Hill et al.
1989). Peak spawning activity occurs when water reaches 62°-67° F (16.7°-19.4° C) on
the Roanoke River (Rulifson 1990 and 1991a), 66.2° F (19° C) on the Cape Fear
(Sholar 1977; Fischer 1980), and 68°-70.7° F (20°- 21.5° C) on the Neuse (Hawkins
1979; Baker 1968), and 64°- 69°F (18°- 22° C) in Tar River (Kornegay and Humphries
1975). Spawning behavior is characterized by brief peaks of surface activity when a
mature female is surrounded by up to 50 males as eggs are broadcast into the
surrounding water, and males release sperm (Setzler et al. 1980). Spawning by a given
female is probably completed within a few hours (Lewis and Bonner 1966).
43
5.2.2 Eggs
Mature eggs are .039 to 0.59 inch (1.0-1.5 mm) in diameter when spawned, and remain
viable for about 1 hour (hr) before fertilization (Stevens 1966). Fertilized eggs are
spherical, non-adhesive, semi-buoyant and nearly transparent. Water hardening occurs
in a few hours, and eggs will range in diameter from .051 to .181 inch (1.3-4.6 mm)
(Albrecht 1964; Murawski 1969). To keep eggs in suspension, minimum water velocities
of .984 feet per second (ft/s) (30 cm/s) are generally required (Albrecht 1964). The
incubation period at peak spawning temperatures ranges from 42 to 55 hours. At 68° F
(20.0° C) (Hassler et al. 1981) found that eggs hatch in 38 hours. After hatching, larvae
are carried by the current to the downstream nursery areas.
5.2.3 Larvae
The larval development of striped bass is dependent upon water temperature and is
usually regarded as having three stages: 1) yolk-sac larvae are .20 to .31 inch (5-8 mm)
in total length (TL) and depend on yolk material as an energy source for 7 to 14 days; 2)
fin-fold larvae (.31-.47 inch; 8-12 mm TL) having fully developed mouth parts and
persist about 10 to 13 days; and 3) post fin-fold larvae attain length up to 1.18 inches
(30 mm) in 20 to 30 days (Hill et al. 1989). Researchers of North Carolina stocks of
striped bass (primarily Albemarle-Roanoke) divide larval development into yolk-sac and
post yolk-sac larvae. Growth occurs generally within the same rates described above
depending upon temperature. At temperatures ≥ 68° F (20° C), larvae reach the juvenile
stage in approximately 42 days (Hassler et al. 1981). Yolk-sac larvae can feed as early
as 5 days post-hatch; the survival rate is reduced as time to first feeding increases. This
can become critical, because the nursery grounds where primary food sources occur
are considerable distances downstream (especially the Albemarle-Roanoke stock).
Larvae are totally dependent upon river flows for transport and timing of arrival to the
nursery grounds where feeding is initiated.
5.2.4 Juveniles
Most striped bass enter the juvenile stage at about 1.18 inches (30 mm) TL; the fins are
then fully formed, and the external morphology of the young is similar to that of the
adults. Juveniles are often found in schools and apparently prefer clean sandy bottoms
(Hill et al. 1989). They may spend the first two years of life maturing in and around the
nursery area (Hassler et al. 1981).
5.2.5 Maturation and Fecundity
Information on rates of maturation and fecundity are unavailable for coastal North
Carolina stocks except the A/R stock. Recent research conducted on this stock
indicates that females begin reaching sexual maturity in approximately 3 years, at sizes
of 22-24 inches TL (Olsen and Rulifson 1991, Trent and Hassler 1968). Specifically,
about 45% of the Roanoke females have reached sexual maturity by age 3; however,
the viability of the eggs and resultant contribution of the progeny to the forming year
class are unknown (Olsen and Rulifson 1991). Previous investigators determined the
age at first maturity to be age 3 for male and age 4 for females (Trent and Hassler 1968;
Harris and Burns 1983; Harris et al. 1984). In general, there is a strong positive
correlation between the length, weight, and age of a female striped bass and the
44
number of eggs it produces. All Roanoke River females are mature by age 6, and a
curvilinear relationship exists between the fish age and the number of eggs produced,
with greatest increase between age 6 and age 10. Potential fecundity estimates range
from approximately 181,000 eggs for age 3 to 5,000,000 eggs for age 16 (Olsen and
Rulifson 1991). Lewis (1962) noted that some females in the Roanoke River, age seven
and older, did not spawn annually.
5.2.6 Growth Pattern
5.2.6.1 Rates
Growth rates for the A/R stock are rapid during the first three years of life, and then
decrease to a relatively slow rate as the fish reach sexual maturity. Striped bass grow
approximately 270 mm during their 1st year, 150 mm during their 2nd year, 70 mm during
their 3rd year, and 40-20 mm yearly thereafter (Olsen and Rulifson 1991). Mean lengths
at age from large samples of Roanoke River striped bass sampled on the spawning
grounds indicate female striped bass grow faster than males (Table 5.1). Growth rates
for young-of-year striped bass ranged from 0.272 mm per day to 0.664 per day
determined from a 20-year time series during 1955-1978 (Hassler et al. 1981).
Statistically significant differences were found in these yearly growth rates. Additionally
analyses indicated positive correlation with young-of-year growth rates and river
discharge. Hassler speculated that increased river discharge transports greater amount
of organic detritus to the estuary, which results in high productivity and faster growth
rates for young-of-year striped bass.
5.2.6.2 Length-Weight Relationships
Length-weight relationships have been determined specifically for the A/R stock females
from samples collected in 1989 and 1990. Regression analysis indicated a highly
significant linear length-weight relationship (Olsen and Rulifson 1991);
Total fish weight = -.6381598 + 0.016316 (FL) (r = 0.94, p≤0.0001, n = 265).
Trent (1962) established the following relation for first-summer growth of striped bass in
Albemarle Sound:
Y = 1.84615 + 2.91977X,
Where Y is log weight (mg) and X is log total length (cm). After maturity, the weight of
male striped bass is generally less than that of females of the same length (Merriman
1941; Mansueti 1961).
5.3 Ecological Relationships
5.3.1 Food Habits
Major food items of larvae collected in Albemarle Sound were Bosmina sp. and
copepodite stage copepods (Rulifson et al. 1991). Several food habit studies have been
conducted on
45
Table 5.1. Mean lengths (mm) at age for striped bass sampled from the Roanoke River spawning grounds, year
classes examined since 1991 (NCWRC data).
Age
Sex and Year
Class 2 3 4 5 6 7
Males
1988 465 510 545 573 581
1989 384 445 495 523 553 586
1990 383 452 494 525 560 597
1991 397 450 483 539 569 613
1992 397 450 474 543 579 610
1993 373 428 511 535 573 617
1994 311 462 488 537 569 608
1995 383 435 496 534 564
1996 382 441 495 530
1997 369 450 489
1998 387 438
1999 389
Females
1988 493 524 578 592 621
1989 399 473 518 549 580 626
1990 414 472 513 545 596 626
1991 376 478 503 553 597 631
1992 447 466 511 572 595 638
1993 375 441 536 551 602 664
1994 - 469 507 563 616 636
1995 381 462 513 573 584
1996 423 476 531 541
1997 429 472 512
1998 439 462
1999 -
juvenile and adult striped bass since 1955 in the Roanoke River and Albemarle Sound.
The most recent sampling on juvenile striped bass in Albemarle Sound found
zooplankton and mysid shrimp as primary prey items for smaller juveniles in the
summer, with small fish (most likely bay anchovies) entering the diet later in the season
(Rulifson and Bass 1991, Cooper, Rulifson and Winslow 1998). Adults feed extensively
on blueback herring and alewives in the river during the spawning migration (Trent and
Hassler 1968). Manooch (1973) conducted a seasonal food habit study in Albemarle
Sound. Fish primarily clupeids (Atlantic menhaden, blueback herring, alewife and
gizzard shad) and engraulids (anchovies), dominated the diet in the summer and fall.
Atlantic menhaden (54%) was the most frequently eaten species, which comprised a
relatively large percentage of the volume (50.1%). In the winter and spring months,
invertebrates occurred more frequently in the diet (primarily amphipods during the
winter and blue crabs in the spring). Patrick and Moser (2001) found similar results from
the Cape Fear River, with Atlantic menhaden and threadfin shad being the predominate
species. Rulifson and Price (2001) collected striped bass stomachs (34) from the upper
Currituck Sound during 2000 and determined that prey within the family Alosinae had
the highest occurrence. The American shad was the most common species observed in
the fall. DMF through the Fishery Independent Gill Net Survey (IGNS) has collected and
analyzed stomach (1,167) contents from the Albemarle Sound area since 1995. River
46
herring (51.8%) was the predominate species from the western sound samples,
followed by Atlantic menhaden (25.7%). The dominance of river herring during the
spawning migration supports that reported by Trent and Hassler (1968) and Manooch
(1973). Blue crabs only accounted for 0.4% of the total from the western sound. Atlantic
menhaden (47.8%), Atlantic croaker (18.3%) and anchovies (16.9%) dominated the
eastern sound samples. Blue crabs comprised 3.2% of the stomach contents from the
eastern sound.
5.3.2 Feeding Behavior
Striped bass are opportunistic feeders; specific food types depend upon the size of the
fish, habitat, and the season (Rulifson et al. 1982a). They undergo an ontogenetic shift
in diet with larvae feeding primarily on mobile planktonic invertebrates (Doroshev 1970;
Markle and Grant 1970; Bason 1971). As they grow, their diet includes larger aquatic
invertebrates and small fish (Shapovalov 1936; Ware 1971).
5.3.3 Predators
The only likely predators on adult striped bass would include some marine species that
might ascend rivers and sounds or, in the case of the A/R stock, during a coastal
migration. These predators might include sharks, bluefish, goose fish/monkfish (Lophius
sp.), tuna and tarpon. Any sympatric piscivorous fish may be a predator of larvae and
juvenile striped bass. Examination of stomach contents of white and yellow perch,
American eel, Atlantic croaker, white and channel catfish, and striped bass in Albemarle
Sound showed that only white and channel catfish stomach contents contained Morone
sp. (Rulifson 1984).
5.3.4 Competitors
Because striped bass share forage species with other piscivores, they are potential
competitors (Setzler et al. 1980). Young striped bass may also compete with other
fishes for food. Similar nursery areas and food habits show a potential for competition
between young white perch and striped bass (Milhursky et al. 1976). The young may
also compete with some species of clupeids (Hollis 1967).
Research in Cape Fear River suggests hybrid striped bass that have escaped from
upstream reservoirs compete for food and spawning space with native striped bass
(Patrick and Moser 2001).
5.4 Migration
5.4.1 Albemarle-Roanoke Adult Striped Bass
Numerous tagging or migration studies have been conducted on striped bass in North
Carolina and along the Atlantic Coast since the 1930s. Several of these studies suggest
that the A/R stock is migratory with primarily older adults migrating offshore. Tag
recapture studies from previous investigators (Merriman 1941, Vladykov and Wallace
1952, Davis and Sykes 1960, Chapotan and Sykes 1961, Nichols and Cheek 1966,
Holland and Yelverton 1973, Street et al. 1975, Hassler et al. 1981. Boreman and
Lewis, 1987 and Benton 1992) indicate that a small amount of migration occurs (Table
47
5.2). However the studies conducted in the 1980s and 1991 were when the age
structure of the stock was truncated and while the stock, in general was at low
abundance. It was noted by several of these investigators that larger, older females
were more migratory than males. Fish tagged and released at various locations in the
Albemarle Sound have been recaptured on the spawning grounds in Roanoke River, in
Albemarle, Pamlico, and Croatan sounds, and offshore from North Carolina to New
England. These studies from 1937- 1985 showed a 0.7- 19.8% exchange rate (Table
5.2). Though the percent contribution in general has remained low, it is apparent that
the Albemarle Sound and North Carolina territorial seas serve as a wintering ground for
east coast stocks and to a lesser degree for the A/R stock.
In 1985, DMF reinstated adult striped bass tagging in the Albemarle and Croatan sound
areas and this has continued to the present. Due to the population being at a low level,
very few fish were tagged from 1985-1989 (n=16). Striped bass have been tagged and
released from hook and line, DMF trawl surveys, gill nets, pound nets, DMF gill net
surveys and electro-fishing efforts. A total of 14,260 striped bass was tagged and
released in the ASMA from 1990 through the spring 2002 (Table 5.3). The percentage
of fish tagged and released 18 inches (TL) and larger has ranged from 44.2 – 68.6%
annually. Of the total number tagged, 23 striped bass captured and released through
the DMF gill net surveys were 28 inches TL and larger (Table 5.4). A total of 1,087 tags
(7.6%) have been returned, with 95.3% of the returns being from the ASMA. Nineteen of
the returns were from the Atlantic Ocean off North Carolina or from areas north of the
state (Table 5.3). The percentage of returns from outside the internal waters of the state
has ranged from 1.4 – 33.3%. Most of these returns occurred within one year of release,
while two were at large for over four years. The majority of the tag returns (n=14) from
the northern areas were from April through July, from fish tagged during the fall and
winter months (October – February) in the eastern Albemarle and Croatan sound areas.
These returns further support the speculation by Street et al. (1975) that the eastern
Albemarle and Croatan sounds serve as a wintering ground for a portion of the
migratory stock. Figure 5.1 shows the returns by length from the DMF Gill Net Survey,
Fall-Winter segments from outside the internal waters. A total of 11 tags have been
returned. These fish have ranged in length from 14-24 inches TL. The returns from the
Spring segments of the Gill Net Survey are presented in Figure 5.2. Only 2 returns (26
in TL and 31 in TL) have been from outside the internal waters of the state.
The Division in cooperation with the WRC has tagged and released 22,552 striped bass
from the Roanoke River on the spawning grounds since 1991 (Table 5.3). Sixty-four
percent of these fish were 18 inches TL or larger when tagged and released. The
number of striped bass 28 inches TL and larger tagged and released has increased
since the stock has been recovered (Table 5.5). A total of 2,460 (10.9%) tags have
been returned, with 84.7 – 98.9% of the returns being from the ASMA or RRMA.
Twenty-six of the returns (1%) have been from the ocean off NC or from waters to the
north of the state (Table 5.3). The percentage of returns from the ocean and areas
north has ranged from 0.3 – 3.0%. Generally, these returns occurred from May –
September (n=12) and the fish have been at large up to eight years prior to capture.
48
Table 5.2. Summary of adult striped bass tagging efforts and returns.
Tagging
period Reference
Tagging
location
Number
tagged
Number
recaptured
Percent
return Recapture location
Percent exchange
(based on total
returns)
Nov 1937
Vladykov and Wallace
(1952)
Currituck Sound
Croatan Sound
Kitty Hawk
179
298
6
483 137 28.4
136 NC
1 NJ 0.7
Mar-Apr
1937 Merriman (1941)
Kitty Hawk (ocean)/
Albemarle Sound 600 45 7.5
24- Albemarle Sound
9- Ocean off VA Beach
8- Chesapeake Bay
2- NJ
1- NY
1- RI 19.6
Apr 1938 Merriman (1941) Western Albemarle Sound 506 47 9.3 47- Albemarle Sound area
Oct 1955-
May 1957
Davis and Sykes
(1960), Nichols and
Cheek (1966) Albemarle Sound 5,242 1,651 31.5
1,565- Albemarle Sound
79- Pamlico Sound
5- Chesapeake Bay
1- New England
1- Ocean off NC 0.4
1956-
1983 Hassler et al. (1981) Roanoke River 11,662 3,264 28.0
Albemarle Sound and
Roanoke River
Dec
1956-
1958
Chapotan and Sykes
(1961)
Atlantic Ocean off Oregon
Inlet 81 19 23.5
5- Ocean
2- Albemarle Sound
8- Chesapeake Bay
2- NJ
1- RI
1- MA 10.5
Albemarle Sound 34 14 41.2
12- Albemarle Sound
1- Roanoke River
1- MA 7.1
Roanoke River 63 9 14.3
1- Roanoke River
8- Albemarle Sound
49
Table 5.2 (Continued)
Tagging
period Reference
Tagging
location
Number
tagged
Number
recaptured
Percent
return Recapture location
Percent exchange
(based on total
returns)
1968-
1971
Holland and Yelverton
(1973)
Ocean- Cape Lookout to
NC/VA line 1,752 197 11.2
39- Albemarle/Pamlico S.
25- Ocean off NC
78- Chesapeake Bay
55- NJ-ME
19.8
Oct- Dec
1973 Street et al. (1975) Croatan Sound 462 128 27.7
Croatan Sound
Albemarle Sound
1964-
1985
Boreman and Lewis
(1987)
Chesapeake Bay to
Canada 27,674 1,959 7.1
18 Albemarle and Croatan
Sound 0.9
1988-
2002
Benton (1992), Laney
(2002)
Cape Hatteras to mouth of
Chesapeake Bay 30,618
2002
Hewitt and Hightower
(2002)
Roanoke River- near
Scotland Neck 729 20 2.7
1 Pungo River
19 Albemarle Sound/
Roanoke River
Table 5.3. Number of adult striped bass tagged and released throughout the ASMA and RRMA and recapture areas.
Year Tagging location
Number
tagged
Number
returned
Percent
return
Oregon Inlet
Number/ Percent
Outside NC
internal waters
Number/
Percent
Internal waters outside
ASMA
Number/ Percent
Hook and line
1990 Batchelor Bay 15 0
1992 Albemarle Sound area 108 5 4.6
1993 Albemarle Sound area 50 4 8.0
1993 Pasquotank River 63 1 1.6
1994 Pasquotank River 375 20 5.3
1994 Albemarle Sound area 124 7 5.6
1995 Albemarle Sound area 74 6 8.1 2 (33.3) 1 (16.6)
1996 Perquimans River 26 1 3.8 1 (100)
1997 Albemarle Sound area 42 0
50
Table 5.3 (Continued)
Year Tagging location
Number
tagged
Number
returned
Percent
return
Oregon Inlet
Number/ Percent
Outside NC
internal waters
Number/
Percent
Internal waters outside
ASMA
Number/ Percent
1998 Albemarle Sound area 107 1 0.9
1998 Perquimans River 30 2 6.7
1999 Albemarle and Croatan sounds 244 5 2.0
2000 Albemarle and Croatan sounds 194 18 9.3 1 (5.6)
Total 1,452 70
Trawls
1994 Albemarle Sound area 24 0
Pound Nets
1990 Batchelor Bay 275 34 12.4
1990 Eastern Albemarle Sound 420 69 16.4
1991 Eastern Albemarle Sound 183 30 16.3
1992 Eastern Albemarle Sound 88 18 20.4 2 (11.1)
1993 Eastern Albemarle Sound 209 39 18.7
1994 Eastern Albemarle Sound 77 5 6.5
1995 Eastern Albemarle Sound 352 66 18.7 2 (3.1) 4 (6.2)
1998 Chowan River 13 2 15.4
Total 1,617 263
Gill Net
Survey Fall-Winter
1990/91 Albemarle/Croatan sounds 245 55 22.4
1991/92 Albemarle/Croatan sounds 329 69 21.0 1 (1.4)
1992/93 Albemarle/Croatan sounds 267 36 13.5 2 (5.6) 1 (2.8) 2 (5.6)
1993/94 Albemarle/Croatan sounds 166 29 17.5
1994/95 Albemarle/Croatan sounds 776 72 9.3 2 (2.8) 1 (1.4) 1 (1.4)
1995/96 Albemarle/Croatan sounds 464 41 8.8 1 (2.4) 4 (9.7) 2 (4.9)
1996/97 Albemarle/Croatan sounds 782 49 6.3 1 (2.0) 3 (6.1) 1 (2.0)
1997/98 Albemarle/Croatan sounds 695 55 7.9 3 (5.4) 1 (1.8)
1998/99 Albemarle/Croatan sounds 1,054 83 7.8 2 (2.4) 1 (1.2)
1999/00 Albemarle/Croatan sounds 586 59 10.0 5 (8.5) 1 (1.6)
2000/01 Albemarle/Croatan sounds 382 23 6.0 2 (9.5)
2001/02 Albemarle/Croatan sounds 537 23 4.3
2002/03 Albemarle/Croatan sounds 427
Total 6,710 594
51
Table 5.3 (Continued)
Year Tagging location
Number
tagged
Number
returned
Percent
return
Oregon Inlet
Number/ Percent
Outside NC
internal waters
Number/
Percent
Internal waters outside
ASMA
Number/ Percent
Spring
1993 Western Albemarle Sound 106 11 10.4
1994 Western Albemarle Sound 64 4 6.2
1995 Western Albemarle Sound 553 23 4.2
1996 Western Albemarle Sound 406 20 4.9 2 (10.0) 1 (5.0)

North Carolina
Estuarine Striped Bass
Fishery Management Plan
Albemarle Sound Area
Central/Southern Area
By
The North Carolina Division of Marine Fisheries
And
The North Carolina Wildlife Resources Commission
North Carolina Department of Environment and Natural Resources
Division of Marine Fisheries
3441 Arendell Street
Post Office Box 769
Morehead City, NC 28557
May 2004
MFC approved draft for public meetings 8/19/03
Public meetings 9/03 through 10/03
Final AC’s recommendations 10/20/03 and 10/27/03
MFC selected management options 11/18/03
Submitted to DENR 12/22/03
Presented to JLCSA 3/2/04
MFC final approval 5/14/04
WRC approval 7/14/04
2
1.0 ACKNOWLEDGEMENTS
The 2003 North Carolina Striped Bass Fishery Management Plan (FMP) was developed
by the North Carolina Department of Environment and Natural Resources, Division of
Marine Fisheries (DMF) under the direction of the North Carolina Marine Fisheries
Commission (MFC) and the North Carolina Wildlife Resources Commission (WRC),
Division of Inland Fisheries under the guidance of the North Carolina Wildlife Resources
Commission. The US Fish and Wildlife Service, Southeast Regional Coordinators
Office also participated in the development of the FMP. The A/R Advisory Committee
and the C/S Advisory Committee provided advice through the plan development
process. Deserving special recognition are the members of the Advisory Committees
and the Plan Development Team (PDT) who contributed their time and knowledge to
this effort. A very special thanks to Dee Willis for her PC skills in formatting and
organizing this FMP.
A/R Striped Bass FMP Advisory Committee C/S Striped Bass FMP Advisory Committee
Chuck Laughridge, Co-Chair
Terry Pratt, Co-Chair
Bill Blackwell
Lee Briley
Herbert Ray Byrum
Dr. Jeff Buckel
Sam Johnson
Dale Mitchell
Benny O’Neal, Jr.
Benjamin Rippons, Jr.
Dr. Roger Rulifson
Duke Spencer
Riley Williams
Marshall Williford
David Daniel, Co-Chair
Ed McGovern, Jr., Co-Chair
Dr. Nick Blackerby
Buzz Bryson
Earl Daniels
Billy Dean
Jim Dupree, Jr.
Durwood Eborn
Robert Merritt, Jr.
Wesley Patrick
Glenn Roper
Tom Smith
Striped Bass PDT
Sara E. Winslow, DMF (FMP Chair)
David Taylor, DMF (C/S Chair)
Johnny Barnes, DMF
John Carmichael, DMF
Brian Cheuvront, DMF
Jason Dilday, DMF
Fritz Rohde, DMF
Lees Sabo, DMF
Katy West, DMF
Keith Ashley, WRC
Wayne Jones, WRC
Pete Kornegay, WRC
Chad Thomas, WRC
Christian Waters, WRC
Bill Cole, USFWS
Wilson Laney, USFWS
Joe Hightower, NC Coop. Research Unit, NCSU
3
2.0 TABLE OF CONTENTS
ACKNOWLEDGEMENTS………….…………….……….………………..……………. 2
TABLE OF CONTENTS………………………………………………..………………… 3
EXECUTIVE SUMMARY………………………………………………………….…..…. 7
Stock Status………………………………………………………………………. 7
Commercial Fisheries……………………………………………………………. 8
Recreational Fisheries…………………………………………………………… 9
Management Goals………………………………………………………………. 10
Management Objectives……………………………………………..……………. 10
Optimum Yield (OY)…………………………………………………..…….…….. 10
Management Issues and Proposed Actions…………………………………… 11
General NC Coastal Striped Bass Stock Issues……………………………….. 11
Albemarle/Roanoke Stock Issues………………….……………………………. 13
Central/Southern Stock Issues…….…………………………………………….. 14
INTRODUCTION………………………………………………………………………….. 15
Management Authority……………………………………………………………. 15
Introduction………………………………………………………………… 15
Legal Authority for Management………………………………………… 15
General Problem Statement……………………………………………………... 17
Management Units……………….……………………………………………….. 21
Existing Agreements, Plans, Statutes and Rules……………………………… 21
Agreements and Plans…………………………………………………… 21
Statutes…………….………………………………………………………. 25
Rules…………….…………………………………………………………. 25
Marine Fisheries Commission Rules…………………………… 25
Wildlife Resources Commission Rules………………………… 36
GENERAL LIFE HISTORY……………………………………………………………… 42
Description and Distribution……………………………………………………… 42
General Life History………….……………………………………………………. 42
Spawning………………….……………………………………………………….. 42
Eggs………………………………………………………………………… 43
Larvae………………………………………………………………………. 43
Juveniles…….……………………………………………………………… 43
Maturation and Fecundity….……………………………………………… 43
Growth Pattern…………….……………………………………………….. 44
Rates……….………………………………………………………. 44
Length-Weight Relationships….………………………………… 44
Ecological Relationships………………………………………………………… 44
Food Habits………….……………………………………………………. 44
Feed Behavior…….………………………………………………………. 46
Predators………….……………………………………………………….. 46
Competitors……….……………………………………………………….. 46
Migration…………………………………………………………………………… 46
Albemarle-Roanoke Adult Striped Bass…….………………………….. 46
Phase II Striped Bass-Albemarle Area…….……………………………. 59
4
Central/Southern Area…………………………………………………… 59
Division of Marine Fisheries-Adults…………………………….. 59
Wildlife Resources Commission-Adult Striped Bass…………. 63
CSMA Phase II Striped Bass……………………………………………. 64
Pamlico River……………………………………………………… 64
Neuse River……………………………………………………….. 64
Cape Fear River………….……………………………………….. 64
STATUS OF THE STOCK………………………………………………………………. 65
Albemarle-Roanoke Stock (ASMA)…………………………………………….. 65
Historical Condition………………………………………………………. 65
Comparison of Current and Historic Stock Condition………………… 71
Current Condition………………………………………………………… 72
Central/Southern Management Area Stocks………………………………….. 77
Neuse River Stock………………………………………………………… 77
Tar River Stock…………….………………………………………………. 78
Cape Fear River Stock…….……………………………………………… 78
STATUS OF THE FISHERIES………………………………………………………….. 78
Introduction……………………………………………………………………….. 78
A/R Stock………………………………………………………………………….. 79
Commercial Fisheries…….………………………………………………. 79
Historical…………………………………………………………………… 79
Current……………………………………………………………………… 80
A/R Commercial Discard/Bycatch Mortality……………………………. 82
Central/Southern Stocks………………………………………………………….. 85
Pamlico and Tar Rivers and Pamlico Sound…………………………… 85
Commercial………………………………………………………… 85
Historical……………………………………………………………. 85
Current……………………………………………………………… 85
Neuse River………………………………………………………………… 86
Commercial………………………………………………………… 86
Historical……….…………………………………………………… 86
Current……………………………………………………………… 86
Cape Fear River…………………………………………………………… 86
Commercial………………………………………………………… 86
Historical……………………………………………………………. 87
Current……………………………………………………………… 87
C/S Commercial Discard/Bycatch Mortality…………………………….. 87
Recreational Fisheries……………………………………………………………. 87
Introduction……………………………………………………………… 88
Roanoke River………………………………………………………….. 89
Albemarle Sound……………………………………………………….. 89
Tar River……………...….………………………………………………. 91
Neuse River…………..…..……………………………………………… 91
Pamlico Sound………….……………………………………………...... 93
Cape Fear River……………..…………………………………………… 93
Guided Fishing for Striped Bass………………………………….……..………. 93
5
Catch and Release Fishing……….……………………………………………… 94
Hybrids……………………………….…………………………………………….. 94
Protected Species………………….……………………………………………… 95
DESCRIPTION OF THE SOCIOECONOMIC CHARACTERISTICS OF THE
FISHERY…………………………………………………………………………………… 96
Definitions………………………………………………………………………….. 96
Commercial Fishing………………………………………………………………. 97
Ex-vessel Value and Price…….…………………………………………. 97
Gear and Price……………….……………………………………………. 102
Marketing, Distribution, and Processing………………………………... 104
Economic Impact of Commercial Fishing………………………………. 104
Recreational Fishing……………………………………………………………… 106
Historical Trends in Landings……………………………………………. 112
Recreational Fishing Activity.…………………………………………….. 115
Economic Value of the Recreational Fishery………..………………….. 116
Demographic Characteristics…………………………………………………… 118
Commercial Fishermen………..………………………………………….. 118
Recreational Fishermen………..…………………………………………. 119
ENVIRONMENTAL STATUS……………………………………………………………. 120
Habitat……………………………………………………………………………… 120
Essential Fish Habitat……………………………………………………. 120
Spawning Habitat…….……………………………………………. 122
Subadult Habitat…………………………………………………… 126
Adult Habitat……………..…………………………………………. 126
Striped Bass Habitats in NC River/Estuary Systems…..………. 127
Albemarle Sound Management Area…………………… 127
Central Southern Management Area…………………… 129
Habitat Concerns…………………………………………………………. 133
River Flows………………………………………………………… 133
Blockage of Historical Spawning Habitat……….………………. 134
Losses of Striped Bass Eggs and Fry to Water Intakes….…… 135
Loss of Wetlands…………………….……………………………. 135
Water Quality……………………………………………………………………… 135
Water Quality Requirements………..……………………………………. 135
Water Quality Protection Status……….………………………………… 136
Water Quality Concerns………………….……………………………….. 137
PRINCIPAL ISSUES AND MANAGEMENT OPTIONS………………………………. 137
Identification of Issues………………………………………………………….. 137
Issues Relative to the North Carolina Striped Bass Stocks………………….. 138
Issues Relative to the A/R /Striped Bass Stock……………………………….. 138
Issues Relative to the C/S Striped Bass Stocks………………………………. 138
Issues and Management Strategies Relative to North Carolina
Striped Bass Stocks……………………………………………………………… 139
Habitat Issues……………………………………………………………… 139
Water Flow Issues………………………………………………… 139
Critical Habitat-Spawning and Nursery Area………………….. 158
6
Blockages of Historical Spawning Habitat……………………. 162
Entrainment and Impingement of Eggs and Larvae…………. 165
Water Quality Concerns…………………………………………………. 168
Catch and Release Mortality in the Hook and Line Fisheries……….. 174
Enforcement of Creel Limits in the Vicinity of Inland/Joint
Or Coastal Boundaries……………………………………………………. 180
Albemarle Sound Management Area Boundary Line………………… 182
Issues Relative to the A/R Striped Bass Stock………………………………… 187
Stock Structure……………………………………………………………. 187
Biological Reference Points……………………………………… 187
Fishing Mortality…………………………………………………………… 197
Discard Mortality of Striped Bass in the Multi-species
Gill Net Fishery ASMA……………….……………………………. 197
Harvest Management 221
Management of Quotas and Harvest Targets in the ASMA….. 221
Recreational Striped Bass Harvest Closure-Oregon
Inlet/Atlantic Ocean………………………………………………. 226
Issues Relative to the C/S Striped Bass Stocks………………………………. 227
Stock Structure……………………………………………………………. 227
Biological Reference Points……………………………………… 227
Striped Bass Stocking Coastal Rivers…… 235
Fishing Mortality…………………………………………………………… 243
Catch Curve Exploitation Estimates - Neuse and Tar River 243
Discard Mortality of Striped Bass from Set Gill Nets 275
RECOMMENDED MANAGEMENT PROGRAM AND RESEARCH NEEDS………. 299
Goals and Objectives…………………………………………………………….. 299
Optimum Yield…………………………………………………………………….. 299
North Carolina Coastal Stocks………………………………………………….. 301
Critical Habitat-Spawning and Nursery Areas…………………………. 302
Blockages of Historical Habitat………………………………………….. 302
Entrainment and Impingement of Eggs and Larvae………………….. 303
Management Strategies…………………………………………………. 304
Catch and Release Mortality in Hook and Line Fisheries……. 304
Enforcement of Creel Limits in the Vicinity of Inland/Joint or
Coastal Boundaries………………………………………………. 305
Albemarle/Roanoke Management Area…………………. 306
Central/Southern Management Area (CSMA)…………………. 307
Research Needs Summary………………………………………………………. 309
NC Coastal Striped Bass Stocks………………………………………… 309
A/R Striped Bass Stock………………………………. 312
C/S Striped Bass Stocks…………………………………………… 313
LITERATURE CITED……………………………………………………………………… 315
APPENDICES: Appendix 1- Landings………………………………………………….. 338
Appendix 2- Historical Regulations…………………………………………….. 345
Appendix 3- Regulations………………………………………………………… 347
Appendix 4- Proposed Rule Changes…………………………………………. 370
7
3.0 EXECUTIVE SUMMARY
There are two geographic management units for the North Carolina Estuarine Striped
Bass Fishery Management Plan (FMP). The northern management unit includes the
Albemarle Sound Management Area (ASMA)- which includes Albemarle Sound and
all its Joint and Inland water tributaries, (except for the Roanoke, Middle, Eastmost and
Cashie rivers), Currituck, Roanoke and Croatan sounds and all their Joint and Inland
water tributaries, including Oregon Inlet, north of a line from Roanoke Marshes Point
across to the north point of Eagle Nest Bay and the Roanoke River Management Area
(RRMA)- Roanoke River and its Joint and Inland water tributaries, including Middle,
Eastmost and Cashie rivers, up to the Roanoke Rapids Dam. Management of striped
bass within the ASMA is the responsibility of the North Carolina Marine Fisheries
Commission (MFC) and within the RRMA, is the responsibility of the North Carolina
Wildlife Resources Commission (WRC). The striped bass stock in these two harvest
management areas is referred to as the Albemarle Sound/Roanoke River (A/R) stock.
The southern geographic management unit is the Central/Southern Management
Area (CSMA) and includes all internal Coastal, Joint and contiguous Inland waters of
North Carolina south of a line from Roanoke Marshes Point across to Eagle Nest Bay in
Dare County, to the South Carolina state line. These stocks are referred to as the
Central/Southern (C/S) stocks.
Stock Status
A/R Stock
In 1997, the A/R striped bass stock was declared by the Atlantic States Marine
Fisheries Commission (ASMFC) to be restored. Annual population abundance has
increased sharply from a low of 195,000 fish in 1988 to over 2 million fish in 1999. The
population abundance is currently stabilizing at around 2 million fish. Recruitment of
age 1 fish has been above the long-term average for 8 of the last 9 years. Since 1993
fishing mortality has varied between 0.13 and 0.60 and has averaged 0.30. The 2001
estimate of fishing mortality of F=0.13 on ages 3-7 is below the target for these ages (F
target =0.28). Spawning stock biomass (total weight of sexually mature females in the
population) was approximately 600,000 pounds in 1998, and has since increased to 1.6
million pounds in 2001. Population age structure is expanding. Age 8 and older fish
were nearly absent from the population between 1990 and 1994; since 1997
conservation measures have resulted in a continuously increasing proportion of older
fish in the population.
C/S Stocks
Available data are inadequate to estimate the population size for any of the C/S striped
bass stocks. Rates of total and fishing mortality for the Neuse and Tar river stocks,
estimated from fishery independent sampling indicate that fishing mortality rates for both
stocks are excessive. For the Neuse River stock, the rate of fishing mortality was
estimated to be 0.84 and for the Tar River, 1.02. These fishing mortality rates are
substantially higher than those required for population recovery to occur, therefore over
8
fishing is occurring. Fishing mortality must be reduced by approximately 60% to allow
stock recovery in these waters. Virtually no data exists for the Cape Fear River striped
bass stock but commercial landings and anecdotal observations suggest only a remnant
population exists.
Commercial Fisheries
A/R Fishery
The Albemarle Sound area striped bass fishery dates back to the 1870s and historically
supported the largest year-round commercial fishery in the state. Gill nets, anchor and
drift, have historically been utilized in the fishery. Since the late 1960s gill nets have
accounted for the majority of the harvest.
The ASMA commercial fishery from 1991 through 1997 operated on a 98,000 lbs. Total
Allowable Catch (TAC) split between a spring and fall season. After stock restoration
was declared in 1997, the 1998 TAC was increased to 125,440 lbs. and additional
increases occurred in 1999 and 2000. From 2000 through 2002 the TAC remained at
225,000 lbs. In 2003, the commercial harvest TAC was increased to 275,000 lbs. The
fishery operates with restrictions on seasons, net yardage, mesh size, size limits and
daily landing limits to control harvest and bycatch. Striped bass harvest continues to be
managed as a bycatch of the multi-species commercial fishery in the ASMA.
Commercial Discard/Bycatch Mortality
The discard/bycatch mortality of striped bass in the ASMA gill net fisheries has been a
point of compliance with the ASMFC Striped Bass FMP since 1994. Annual estimates
have been made since that time. As the striped bass population increased in size and
the TAC remained static (1990-1997; 98,000 lb. TAC) the number of discards
increased. Since 1997, the TAC has increased four times to the current harvest level of
275,000 lb. The increases in allowable harvest have lowered the number of discards in
the large mesh gill net fisheries (flounder and shad) but has had very little effect in
lowering the discard mortality in the small mesh fishery, since few fish captured in these
nets are of legal size. Still, the number of estimated discards combined with
commercial harvest has exceeded the TAC each year.
C/S Fishery
Commercial striped bass fisheries have historically occurred throughout the CSMA but
are believed to have never been of the magnitude of the ASMA. The CSMA estuarine
gill net fishery is a year round multi-species fishery but even with a 25,000 lb. TAC, daily
landing limits and seasons in the CSMA, striped bass are targeted by commercial
fishermen. Numerous management measures have been enacted in the CSMA that
have reduced the take of striped bass and other species. Gill nets account for the
highest percentage of the landings. The Pamlico Sound and Pamlico/Pungo river
complex has accounted for 10.5% of the internal striped bass landings since 1994. The
Neuse River landings since 1995 have been fairly consistent and averaged 5,950 lbs.;
which are the highest commercial landings since 1976. The Cape Fear River season is
only open to harvest during the spring (Jan – Apr) and striped bass landings primarily
9
occur as bycatch of the American shad fishery. Since 1994, the average Cape Fear
River landings were approximately 1,300 pounds.
Commercial Discard/Bycatch Mortality
The total striped bass discard estimate for Pamlico Sound and the adjacent rivers, using
data from 2000 and 2001, is approximately 94,000 lbs. In Pamlico Sound small mesh
gill nets accounted for 78.9% of the total striped bass discards for the area. Large mesh
gill nets in the Pamlico and Neuse rivers accounted for 81.4% of the discards. This
estimate is based on the best available data and will need to be refined through future
studies.
Recreational Fisheries
Early in the 20th century interest in hook and line striped bass fishing began to increase.
As recovery of the A/R stock continued into the late 1990s, a tremendous increase in
recreational effort for striped bass occurred. Taking and possession of striped bass
using hook and line in coastal North Carolina is regulated by the WRC in designated
Inland Waters, jointly by the WRC and MFC in designated Joint Waters and by the MFC
in designated Coastal Waters.
Roanoke River
In 1988, WRC began monitoring striped bass harvest in the Roanoke River with creel
surveys during the spring months. Management of recreational striped bass harvest by
TAC began in 1991, with an allocation of 29,400 lbs. From 1991-1997, the annual TAC
remained static. Since 1998, four TAC increases have occurred with the 2003
allocation being 137,500 lbs. The WRC opened and closed the harvest season from
1991 through 2001 by proclamation authority of the Executive Director. In 2002, the
WRC decreased the daily creel limit from three to two fish, but set a 46-day season in
the lower river and a 46-day season in the upper river, and allowed possession seven
days per week. WRC continues to monitor harvest, size, age and sex composition of
striped bass caught in RRMA through an annual creel survey.
Albemarle Sound Area
In 1991, DMF began management of the 29,400 lb. striped bass TAC through a creel
survey. The TAC was split between a spring and fall season. Season, harvest days,
creel and size limits were established by proclamation authority of the Fisheries
Director. The annual TAC remained static for 1991-1997. Since 1998, the TAC has
increased four times, with the 2003 allocation being 137,500 lbs. The DMF continues to
conduct creel surveys when the recreational season is open to determine harvest
estimates.
C/S Area
Limited information exists on the recreational fisheries in the Tar-Pamlico, Neuse and
Cape Fear rivers. Although estimates of recreational striped bass harvest from the
Pamlico Sound are not available, WRC and DMF staffs believe it could be substantial,
especially in northern Pamlico Sound.
10
Guided Fishing for Striped Bass
Since recovery of the A/R stock and the Atlantic Migratory Stock, striped bass has
become one of the major species targeted in the guided recreational fishery. During
early 2002, nearly 315 for-hire vessels were identified as operating in NC coastal
waters, representing a 37% increase from the three prior years. Though many of these
vessels pursue a variety of species, a growing number target striped bass. Annual
sales of WRC Guide Licenses have increased steadily from 292 in 1987 to 970 in 2002.
Due to the WRC guide’s licenses being a combination hunting/fishing, it is not possible
to determine the exact proportion of the increase sales that is attributable to fishing
guides only.
Management Goals
The goal of the NC Estuarine Striped Bass FMP is to manage estuarine populations
through science based decision-making processes that conserve adequate spawning
stock and protect the integrity of critical habitats. The plan will consider biological,
social, and economic factors in management of the fisheries. The plan will be adaptive,
involving regular reviews and responding to new information regarding any aspect of the
plan.
Management Objectives
1. Identify and describe population attributes necessary to sustain long-term stock
viability.
2. Protect, restore and enhance spawning and nursery area habitat and
environmental quality to increase growth, survival and reproduction.
3. Manage the fishery in a manner to sustain long-term stock viability, traditional
harvest and prevent overfishing.
4. Initiate, enhance and/or continue programs to collect and analyze biological,
social, economic, fishery, essential habitat and environmental data needed to
effectively monitor and manage the fishery.
5. Develop an information program to educate the public and elevate awareness of
the causes and nature of problems in the striped bass stocks, habitat and
fisheries and explain the rationale for management efforts to solve these
problems.
6. Develop regulations that provide adequate resource protection, optimize yield
from the fishery, and consider the needs of all user groups.
7. Promote practices that minimize bycatch and discard mortality in recreational and
commercial fisheries.
Optimum Yield (OY)
ASMA
Optimum yield is defined as that yield provided by exploiting the stock at the target
exploitation rate as determined from the most recent stock assessment. The stock is
currently managed with a TAC that is analogous to OY. The TAC for 2003 was
conservatively established at 550,000 lbs. based on a target reference point of F=0.25.
The target reference point recommended by the A/R Advisory Committee is F=0.22.
11
CSMA
OY is defined as the yield achieved by exploiting the stock at the target exploitation rate.
OY as defined for the CSMA differs slightly from that for the ASMA in that a value for
OY is not predetermined. The lack of data on the commercial and recreational fisheries
prevents development of a quantitative assessment of stock abundance. Therefore, no
projections of stock abundance and total catch rates are available for the CSMA and OY
cannot be estimated numerically in advance. Until data for a complete assessment of
these stocks are available, the only recourse is to manage based on exploitation rates.
Management Issues and Proposed Actions
The following striped bass management issues and options were developed through the
FMP process, by DMF and WRC through cooperation and advice solicited from the A/R
and C/S Advisory Committees, the public, MFC, Finfish and Regional Advisory
committees, as well as the scientific community. In order to achieve the desired goals
of the FMP, the MFC and WRC, after taking into account the advice and comments
from the various participants on this plan, has selected the preferred management
options on the management issues.
The management issues and proposed actions are divided as follows: (1) Issues
relative to North Carolina coastal stocks in general, (2) Issues specific to the A/R stock
and (3) Issues specific to the C/S stocks.
General NC Coastal Striped Bass Stock Issues
Water Flow
• Rivers with presently unregulated flows work with state water resource authorities to
secure commitments for preservation of unaltered flow regimes.
• Rivers currently regulated to such a degree that flow patterns depart significantly
from unregulated conditions, establish a recommended annual flow regime for
striped bass spawning and nursery areas, and work with appropriate regulatory
agencies to secure commitments for preservation of such regimes.
• Require Division of Water Resources (DWR) to include Division of Water Quality
(DWQ), WRC, DMF and US Fish and Wildlife Service (FWS) in water supply
planning process and future allocation negotiations.
• Neuse River- support removal of Milburnie Dam, to provide flexibility for flow
management.
• Pee Dee River- participate (FWS and WRC, in cooperation with SC agencies) in re-licensing
of hydropower dams, to obtain adequate flow releases for downstream
habitats.
Critical Habitat
• Adopt into rules, measures to protect identified anadromous spawning and nursery
areas for striped bass.
• Advocate stronger enforcement of regulations protecting critical habitat in the
management areas.
12
• Purchase land adjacent to critical striped bass habitat areas to ensure protection.
• Continue to make recommendations on all state, federal and local permits where
applicable to require avoidance of activities detrimental to critical striped bass
habitats.
• Support implementation of habitat recommendations of Albemarle-Pamlico Estuarine
Study (APES), Estuarine Shoreline Protection Stakeholders Report, and Coastal
Habitat Protection Programs (CHPP).
• Maintain, restore and improve habitat to increase growth, survival and reproduction
of striped bass. Monies from the Clean Water Trust Fund and others should be
utilized for this.
Blockages of Historical Habitat
• Neuse River- support removal of Milburnie Dam in Raleigh. Removal would open
approximately 15 miles of spawning habitat and allow better manipulation of flows.
• Cape Fear River- supports removal of Buckhorn Dam, Lock and Dam #2 and Lock
and Dam #3. Support construction of the proposed “nature-like” fishway around
Lock and Dam #1.
Entrainment and Impingement of Eggs and Larvae
• Continue to review and comment on state and federal permit requests in which
water withdrawal structures are involved in coastal rivers.
• Monitor the progress of US EPA’s implementation of Section 316 (b) rules as these
rules may apply to water withdrawal points in NC coastal rivers.
• In absence of effective technology, require water users to curtail withdrawal during
periods in which striped bass eggs, fry and juveniles may be present.
Water Quality Concerns
• Work in coordination with DWQ, DWR, Division of Land Quality, and Natural
Resource Conservation Service to maintain, restore and improve water quality to
increase striped bass stocks.
• Support implementation of recommendations of DWQ basinwide water quality
management plans, particularly measures that will reduce nutrient loading, sediment
delivery and associated turbidity in all coastal watersheds.
• Support implementation of habitat and water quality recommendations of CHPPs,
APES, and the Estuarine Shoreline Protection Stakeholders report.
Catch and Release Mortality in Hook and Line Fisheries
• Develop and implement creel surveys to estimate numbers of striped bass caught
and released, as well as directed angling effort.
• Recreational harvest seasons should be limited to months (October – April) in which
cool water temperatures (<70° F) occur, thus minimizing mortality from catch and
release fishing.
• Implement an extensive angler education program on catch and release striped bass
fishing. Components of the program would include presentations on the effects of
water temperature, angling techniques, hook configuration, bait and lure use and
13
handling techniques. Continue research on identifying correct hook sizes and
configuration of circle hooks.
Enforcement of Creel Limits in Vicinity of Inland/Joint or Coastal Boundaries
• WRC should implement a rule similar to MFC rule that requires compliance with
season, size, and creel limits on the waterbody where fishing is taking place.
Albemarle Sound Management Area Boundary Line
• Maintain the current boundary line between the ASMA and the CSMA.
Albemarle/Roanoke Stock Issues
Biological Reference Points
• Support a fishing mortality rate no higher than 0.22 and a SSB no lower than
400,000 lbs. for the A/R stock.
Discard Mortality of Striped Bass in Multi-Species Gill Net Fishery
• Maintain status quo, existing gill net proclamation authority, with the requirement that
small mesh nets be sunk after river herring gill net season closes. Small mesh gill
nets (3 ¼ inch) would be restricted to no more than 25 – 30 meshes deep and set in
no less than 7 feet of water unless attended. These requirements would remain in
effect when attendance was not required. Also, consider area closures to gill
netting. The following qualifications will also apply: 1. DMF will evaluate existing
IGNS small mesh data to determine differences between striped bass catches in
float and sink nets and 2. Observer data, current and future will be collected and
analyzed to assess the benefits. Should the discard reductions not be within the
estimated range of the other options in Table 10.14, then DMF may implement other
options presented in the FMP, or other options that may be developed over time.
Management of Harvest Targets in the ASMA
• Supports no payback for overages in RRMA due to underage in 2003.
• Supports TAC allocation: 25% Roanoke River/WRC recreational, 25% Albemarle
Sound/DMF recreational and 50% Albemarle Sound/DMF commercial.
• Penalties/Triggers for Overages: Short-term Overage: point harvest estimate
exceeds the total TAC by 10% in a single year, overage deducted from the next year
and restrictive measures implemented in the responsible fishery (ies). Long-term
Overages: five year running average of point estimate exceeds the five year running
average of the total TAC harvest by 2%, the responsible fishery exceeding the
harvest limit will be reduced by the amount of the overage for the next five years.
Should the target F be exceeded, then restrictive measures will be imposed to
reduce F to the target level.
Management of Recreational Striped Bass Harvest in Atlantic Ocean
• Support remaining at Status Quo- year round recreational fishery.
14
Central/Southern Stock Issues
Biological Reference Points
• Manage the CSMA stocks under the same exploitation rate targets and thresholds
as selected for the A/R stock (F= 0.22, SSB 400,000 lbs.). Improve data collection
on these stocks so that biomass thresholds and targets can be developed for these
stocks.
Striped Bass Stocking in Coastal River Systems
• Continue Phase II stocking program, with two systems in the CSMA (Tar-Pamlico,
Neuse and Cape Fear rivers) being stocked annually, with a goal of 100,000 fish per
drainage.
• Continue the Phase I striped bass stocking program, with a goal of 100,000 fish per
year, per system in the CSMA.
Management Options for Recreational Striped Bass Harvest in CSMA
• Adequate information to evaluate specific recreational measures are lacking in the
CSMS. Regulations should remain at status quo for 2004. A one year creel survey
is being developed by DMF and WRC for the Tar-Pamlico and Neuse systems. This
survey will collect data on recreational striped bass fisheries in these waters. The
WRC will be conducting a creel survey in the Cape Fear system in 2004. After
completion of the creel surveys and data analysis, appropriate regulations will be
developed and implemented to distribute the reductions in fishing mortality
necessary for stock recovery among the various recreational fisheries.
Discard Mortality of Striped Bass from Set Gill Nets in the CSMA
Management Options for Neuse River and Pamlico River Areas Gill Net Fishery
• Require “tie-downs” to reduce striped bass bycatch. DMF is currently evaluating the
effectiveness of various tie- down configurations.
• Rivers- Increase the commercial possession limit to 10 fish per day per operation in
the rivers during the open striped bass season. Require that gill nets in the shad
and flounder fisheries operating in the Pamlico, Pungo and Neuse river areas (west
of 76° 30’W long.) be tied down after the striped bass quota is reached and the
season closed.
• Pamlico Sound- commercial possession limit would remain at 5 fish in the Pamlico
Sound. Landings of striped bass will be limited to 50% by weight of the total catch,
not to exceed 5 fish per day per fishing operation. Gill nets with a mesh length of 6
inches (stretched mesh) and greater would be prohibited during the striped bass
season.
• Other portions of the CSMA- Maintain striped bass seasons, opening and closing
through proclamation and operating under the 25,000 lb. TAC. This option is
intended to allow the sale of striped bass bycatch resulting from gill net fisheries. As
data are collected, more restrictive measures may be implemented as needed.
15
4.0 INTRODUCTION
4.1 Management Authority
4.1.1 Introduction
Fishery management includes all activities associated with maintenance, improvement,
and use of the fisheries resources, including research and monitoring, development,
regulation, enhancement and enforcement.
North Carolina’s existing fisheries management system is powerful and flexible, with
rule-making authority vested in the Marine Fisheries Commission (MFC) and the Wildlife
Resources Commission (WRC) within their respective jurisdictions. The Division of
Marine Fisheries (DMF) implements MFC rules and policies. The General Assembly
retains for itself licensing and limited entry authorities. In the 1998 Amendment to the
Fisheries Reform Act of 1997 (FRA), the General Assembly established a process for
limiting entry for fisheries under the Fishery Management Plan (FMP) process. Federal
authority under the Magnuson-Stevens Act applies to fisheries in the Exclusive
Economic Zone (the area from 3 to 200 miles offshore); it also applies to a limited extent
in areas within state jurisdiction deemed Essential Fish Habitat (EFH). The Atlantic
coast states work together through the Atlantic States Marine Fisheries Commission
(ASMFC) to prepare and implement interstate FMPs, but the regulatory responsibility
and authority remain with the states. Passage of the Atlantic Coastal Fisheries
Cooperative Management Act in 1993 gave the ASMFC oversight for species with
ASMFC plans, but plan actions are implemented by each state. Thus, the MFC/WRC
(rules) and DMF/WRC (research, enforcement, etc.) utilize their authorities to manage
the fisheries. The MFC and WRC have the ability to establish seasons, authorize or
restrict fishing methods and gear, limit quantities taken or possessed, and restrict
fishing areas. Thus, all necessary authority needed for management of the striped bass
fisheries is available through the existing state fishery management process. Protection,
enhancement and development of sustainable fisheries will require appropriate use of
this authority, along with the cooperation of stakeholders.
The MFC (August 2001) in their adoption of a priority schedule for FMP development
included revisiting the Estuarine Striped Bass FMP that was approved in 1994. The
1994 plan was targeted at the recovery of the Albemarle Sound-Roanoke River (A/R)
striped bass stock but also included some management measures for other striped bass
stocks in the state. This 2003 Estuarine Striped Bass FMP document (developed under
the criteria and standards of the 1997 FRA) replaces in total the 1994 FMP and
addresses issues for the various estuarine striped bass stocks in North Carolina.
4.1.2 Legal Authority for Management
Many different state laws (General Statutes- G.S.) provide the necessary authority for
fishery management in North Carolina. General authority for stewardship of the marine
and estuarine resources by the North Carolina Department of Environment and Natural
Resources (DENR) is provided in G.S. 113-131. The DMF is the arm of the Department,
16
which carries out this responsibility. The same statute also grants management
authority to the WRC within its jurisdictional area. Enforcement authority for DMF
enforcement officers (Marine Patrol) and WRC officers is provided by G.S. 113-116.
Rule-making authority is granted to the MFC and WRC by G.S. 113-134. General
Statute 113-181 authorizes DMF research and statistical programs. The MFC is
charged to “manage, restore, develop, cultivate, conserve, protect and regulate the
marine and estuarine resources of the State of North Carolina” (G.S. 143B-289.51). The
MFC can regulate fishing times, areas, fishing gear, seasons, size limits, and quantities
of fish harvested and possessed (G.S. 113-182 and 143B-289.52). General Statute
143B-289.52 also allows the MFC to delegate authority to implement its regulations for
fisheries “which may be affected by variable conditions” to the Director of DMF by
issuing public notices called “proclamations.” General Statute 113-292 authorizes the
WRC or the Executive Director to suspend or extend the hook and line season for
striped bass in all of North Carolina’s coastal rivers through issuance of proclamations.
The General Assembly has retained for itself the authority to establish commercial
fishing licenses, but has delegated to the MFC authority to establish permits and permit
fees for various commercial fishing activities. Thus North Carolina has a very powerful
and flexible legal basis for coastal fisheries management.
The Fisheries Reform Act of 1997 (FRA) established a process for preparation of FMPs
in North Carolina. The FRA states that “the goal of the plans will be to ensure that long-term
viability of the State’s commercially and recreationally significant species or
fisheries. Each plan will be designated to reflect fishing practices so that one plan may
apply to a specific fishery, while other plans may be based on gear or geographic areas.
Each plan will:
a. Contain necessary information pertaining to the fishery or fisheries, including
management goals and objectives, status of the relevant fish stocks, stock
assessments for multi-year species, fishery habitat and water quality considerations
consistent with Coastal Habitat Protection Plans (CHPP) adopted pursuant to G.S.
143B-279.8, social and economic impact of the fishery to the State, and user
conflicts.
b. Recommend management actions pertaining to the fishery or fisheries.
c. Include conservation and management measures that prevent overfishing, while
achieving, on a continuing basis, the optimal yield from each fishery.”
Optimal yield is defined in the FRA as “The amount of fish that:
a. Will provide that greatest overall benefit to the State, particularly with respect to
food production and recreational opportunities, and taking into account the
protection of marine ecosystems;
b. Is prescribed on the basis of the maximum sustainable yield from the fishery, as
reduced by any relevant economic, social, or ecological factors; and
c. In the case of an overfished fishery, provides for rebuilding to a level consistent with
producing the maximum sustainable yield in the fishery.” (FRA; G.S. 113-182.1).
17
4.2 General Problem Statement
Striped bass are distributed throughout the coastal waters of North Carolina and have
been harvested historically (Table 4.1) from virtually all coastal systems. Over the last
40-50 years; however, the fisheries have been overwhelmingly concentrated in the
Albemarle Sound area. In addition, historical landing data (Section 13, Appendix 1)
indicate that the striped bass fisheries have always been concentrated in that area, with
minor fisheries in other coastal systems. Data collection on the Albemarle/Roanoke
(A/R) stock has been ongoing since the 1950s and was intensified in the 1980s when
the stock nearly collapsed. Significant restrictions in harvest of A/R striped bass along
with improvements in Roanoke River flow conditions since the late 1980s brought about
remarkable improvements in spawning success. In 1997, the A/R stock was declared
recovered by the ASMFC. The spawning stock biomass has increased and the age
structure of the stock has expanded. The 2001 A/R stock assessment (Carmichael
2002) continues to indicate that the stock size is increasing. Now that recovery has
been achieved, cautious increases in allowable striped bass harvest have been
permitted. In order for the future management of the A/R striped bass stock, a
reevaluation of current management regimes is warranted.
Outside the Albemarle Sound Management Area (ASMA), the DMF has conducted
spawning and nursery area surveys, and commercial fish house sampling for size, age
and sex composition data for most coastal streams, but this work ended 15-20 years
ago, varying with area, as federal aid funds were decreased (Table 4.2). The DMF 2003
stock status report lists the status of striped bass in the Central/Southern (C/S)
management unit as overfished. Commercial landing data for striped bass in these
areas are available and the WRC has been monitoring spawning stock status of striped
bass in the Neuse and Tar rivers since 1994 (Table 4.3). Otherwise, little data on these
stocks exist; clearly indicating a need for the development of management strategies to
enhance these stocks.
The 1994 Fisheries Management Plan for the Estuarine Stocks of Striped Bass in North
Carolina was developed as a recovery plan for the A/R stock. Since the A/R stock has
recovered and harvest parity has been reached between the commercial and
recreational fisheries a revised FMP is warranted to explore management options for
18
Table 4.1. North Carolina striped bass commercial landings and dockside value, 1972 - 2002.
ASMA
Pamlico
Sound
Pamlico/
Pungo rivers
Neuse/Bay
rivers
Cape Fear
River
Confidential and
Other Inside Waters
Atlantic
Ocean State total
Year Pounds Pounds Pounds Pounds Pounds Pounds Pounds Pounds Value ($)
1972 304,809 64,978 49,294 500 3,033 11,399 827,047 1,261,060 358,312
1973 529,156 27,587 73,638 4,928 1,376 7,082 1,108,169 1,751,936 591,811
1974 427,940 19,618 41,986 456 729 32,267 493,316 1,016,312 393,187
1975 615,752 17,217 55,870 7,280 1,538 20,545 584,995 1,303,197 629,928
1976 668,903 7,117 11,904 8,625 1,814 7,498 332,293 1,038,154 522,637
1977 469,402 561 9,839 0 831 316 90,702 571,651 405,263
1978 524,999 3,920 2,754 0 1,326 287 164,578 697,864 623,250
1979 326,208 6,500 32,945 0 7,811 640 240,080 614,184 577,004
1980 372,482 5,282 50,655 * 17,418 4,832 21,834 472,503 435,479
1981 333,376 3,556 20,612 * 7,394 845 51,541 417,324 451,824
1982 227,626 4,345 11,045 228 1,815 378 92,873 338,310 531,470
1983 288,677 1,184 15,035 1,018 2,500 65 52,796 361,275 491,491
1984 475,607 690 16,539 3,445 2,081 33 14,501 512,896 452,002
1985 269,671 2,842 5,919 988 * 520 * 279,940 229,586
1986 172,683 6,104 8,766 687 * 752 * 188,992 189,859
1987 228,861 24,797 6,571 1,433 * 559 0 262,221 262,542
1988 108,791 3,609 2,538 * * 977 * 115,915 116,776
1989 97,061 940 1,987 * * 842 * 100,830 101,002
1990 103,757 373 235 * * 904 8,670 113,939 159,630
1991 108,460 4,034 321 1,967 * 1,848 6,186 122,816 175,822
1992 100,549 6,019 774 9,053 * 16,912 27,702 161,009 204,434
1993 109,475 8,134 374 1,797 1,439 65,557 75,671 262,447 330,351
1994 102,367 9,974 866 8,289 481 247 139,672 261,896 353,559
1995 87,876 6,981 2,439 3,951 264 691 344,587 446,789 606,529
1996 90,100 17,321 4,230 6,965 4,140 593 58,217 181,566 220,903
1997 96,122 16,435 4,450 5,344 2,187 104 463,144 587,786 711,091
1998 123,927 11,520 7,515 5,537 501 900 272,969 422,869 520,039
1999 162,875 15,473 10,453 6,093 1,001 934 391,482 588,311 724,844
2000 214,029 9,652 16,749 4,808 566 64 161,638 407,506 471,916
2001 220,161 8,821 8,936 6,946 * 232 381,446 626,542 773,692
2002 220,834 8,616 8,207 4,133 * 16,627 441,046 699,462 853,195
* Denotes confidential data.
19
Table 4.2. Striped bass research and monitoring by the North Carolina Division of Marine Fisheries in the rivers and sounds of eastern North Carolina.
Type of work
System Spawning areas
Juvenile
abundance
Adult size, age and
sex
Migration/
Tagging Creel survey
Stock
assessment
Commercial
harvest*
Albemarle
Sound
area
1973, 1974, 1978,
1993 1972-present 1972-present 1974-present
1990-
present
**MRFSS 1994-2000 1978-present
Tar-
Pamlico
(includes
Pamlico
Sound)
1975-1976, 1980-
1981 1974-1980
1974 - 1981
1998-present
1975-1976
1979-1981
1998-2001 **MRFSS 1978- present
Neuse 1977-1979 1976-1980
1976-1981
Sep 1998- Jan 2001
1977-1981
Sep 1998- Jan 2001 **MRFSS 1978- present
White Oak 1974-1975 1973-1975 1974-1975 **MRFSS 1978- present
New 1974-1975 1973-1975
1974-75
Sep 1998- Jan 2001 **MRFSS 1978- present
Cape Fear 1976-1981 1975-1981 1976-1981 1976-1981 **MRFSS 1978- present
* Commercial harvest available for earlier years by National Marine Fisheries Service (NMFS).
** Marine Recreational Fishery Statistics Survey (MRFSS) on going in the coastal waters of these systems but geographic coverage does not provide a complete
estimate of harvest. Does provide size data on what is encountered
20
the future. Insufficient information exists for the C/S stocks to quantitatively evaluate
make sound, long term management decisions. The purpose of this plan is to examine
and recommend management measures that will promote recovery of striped bass
stocks in areas where long-term well being is in jeopardy, conserve adequate spawning
stock in all of North Carolina’s coastal striped bass stocks and protect the integrity of
critical habitats required to maintain the health of the stocks. Areas to be addressed in
the management of North Carolina’s estuarine striped bass fishery are: (1)
management strategies; (2) insufficient data and research needs; (3) protection of
habitat, water quality and quantity; and (4) socioeconomic factors.
Table 4.3. Striped bass research and monitoring work by the North Carolina Wildlife Resources
Commission in rivers of eastern North Carolina.
Type of work
System
Spawning stock
survey Egg and larvae
Adult size, age
and sex Creel survey
Chowan River 2001-2002
Roanoke River 1991- present 1981-1990 1991- present 1988- present
Albemarle Sound 1979-1980
Tar- Pamlico
1994-1995
1996- present
1970-1975
1988-1989, 1996 1970-1975 2004-2005
Neuse 1994- present
1970-1975
1988-1989
1970-1975
2002-2003
White Oak 1998, 2000
Cape Fear 1999-2000 1992-1993 2003-2004
Northeast Cape Fear 2000 1998
Inland waters of NC 1966-1968 1966-1968
21
4.3 Management Units
Striped bass are recorded from all of North Carolina’s coastal river ecosystems
(Menhinick 1991). Coastal basins with striped bass spawning, nursery and
adult/subadult habitat, which are situated wholly or primarily in North Carolina are:
Albemarle Sound and its tributaries; Pamlico Sound and its tributaries, including the
Tar/Pamlico River, Pungo River, the Neuse River; the Newport River; the White Oak
River; the New River; the Cape Fear and Northeast Cape Fear rivers and estuary; and
the Shallotte River. Additional rivers, which enter the Atlantic Ocean in South Carolina
also host striped bass and some spawning and nursery
habitat for these populations may exist in North Carolina. These include the
Waccamaw, Lumber, and Pee Dee river systems. The NC portions of these latter
systems, whose striped bass populations are largely within South Carolina jurisdiction,
will be regulated under this plan, but the biology of those populations will not be
reviewed in the plan at this time.
There are two geographic management units for this estuarine striped bass FMP and
the fisheries throughout the coastal systems of North Carolina. The management units
are defined as follows:
Albemarle Sound Management Area (ASMA)- which includes Albemarle Sound and
all its Joint and Inland Water tributaries, (except for the Roanoke, Middle, Eastmost and
Cashie rivers), Currituck, Roanoke, and Croatan sounds and all their Joint and Inland
Water tributaries, including Oregon Inlet, north of a line from Roanoke Marshes Point
35° 48’.3693’ N - 75° 43’.7232’ W across to the north point of Eagle Nest Bay 35°
44’.1710’ N - 75° 31’.0520’ W (Figure 4.1).
Roanoke River Management Area (RRMA)- Roanoke River and its Joint and Inland
Water tributaries, including Middle, Eastmost and Cashie rivers, up to the Roanoke
Rapids Dam (Figure 4.2).
Central/Southern Management Unit (CSMA) - All internal Coastal, Joint and
contiguous Inland waters of North Carolina south of a line from Roanoke Marshes Point
across to Eagle Nest Bay to the South Carolina State line (Figure 4.1).
4.4 Existing Agreements, Plans, Statutes and Rules
4.4.1 Agreements and Plans
In 1986, the North Carolina Department of Natural Resources and Community
Development, WRC and United States Fish and Wildlife Service (FWS) entered into a
cooperative agreement (Agreement No. 14-16-0004-87-904) for anadromous
species restoration in North Carolina’s coastal river basins. The cooperative program’s
intent is to restore self-sustaining stocks of anadromous fishes in coastal North Carolina
waters through a combination of fishery techniques including stocking, regulations, and
assessment. This cooperative program continues today and has resulted in numerous
cooperative fishery management ventures between state and federal agencies.
22
Figure 4.1. Boundary line between Albemarle Sound Management Area
(ASMA) and Central Southern Management Area (CSMA).
23
Figure 4.2. Boundary line between the ASMA and the Roanoke River
Management Area (RRMA), under the management of the NC
Wildlife Resources Commission.
24
In November 1990, a memorandum of agreement between the MFC and WRC was
signed to provide stewardship and continuity of management for striped bass. Through
this agreement, two distinct management zones were established: the Albemarle Sound
and Roanoke River Management Areas. Under an additional agreement the MFC,
WRC, and FWS established a cooperative for the purpose of restoring all inter-jurisdictional
fishery stocks in North Carolina.
The ASMFC was directed, under the federal Striped Bass Conservation Act (1984) to
develop a management plan, which would address all striped bass populations from
South Carolina/North Carolina border northward. The Act, during reauthorization in
1988, was amended to include Section 5, which provided that the FWS, in consultation
with the National Marine Fisheries Service (NMFS), would provide a report to Congress
summarizing the findings of a study to be conducted on North Carolina striped bass.
The Act specifically instructed the FWS to include: a description of the Albemarle
Sound-Roanoke River Basin; an investigation and analysis of the effects of land and
water use practices on the Albemarle Sound-Roanoke River striped bass stock (A/R
stock); determination of the abundance, age, geographic distribution and amount and
location of migration and spawning habitat; the extent and causes of mortality at
successive life stages, including fishing; the effects of pollution and other alterations
including water withdrawals, discharges and flows on A/R stock migration, spawning,
viability and condition of eggs and larvae; the effectiveness of current fishery and
reservoir management measures; an analysis of whether additional measures are
needed to halt the decline of the A/R stock and initiate recovery; and a recommendation
of whether conservation could be improved by managing the A/R stock under the
ASMFC Interstate Fisheries Management Plan for Striped Bass and the Act.
The report of the FWS, Albemarle Sound and Roanoke River Basin North Carolina
Striped Bass Study, was submitted to Congress in May 1992. The report contained
recommendations for restoration of the A/R stock. One of the recommendations was
that NC be allowed to continue management of its striped bass fishery, in the A/R
system, under the ASMFC plan but with its own separate management provisions. The
C/S management unit was not specifically addressed in the ASMFC plan.
Under the ASMFC Striped Bass Fishery Management Plan states are required to
implement a variety of regulations and monitoring programs within their jurisdictions.
These include a preferred minimum size of 20 inches in bays and estuaries and 28
inches in ocean waters. States can and do deviate from these preferred options, but any
alternative measures must be reviewed by the Striped Bass Technical Committee and
approved by the Striped Bass Management Board (ASMFC 1995).
The plan, implemented under ASMFC Amendment 5 of the Striped Bass FMP, requires
annual submittal of a fishing plan, as well as a report on the previous year’s fishery.
Both the annual fishing plan and annual fishery report for the A/R stock must be
accepted and approved by the ASMFC Striped Bass Technical Committee and also by
the Striped Bass Management Board. Amendment 6 to the ASMFC Striped Bass FMP
was adopted in February 2003 (ASMFC 2003).
25
The North Carolina Estuarine Striped Bass Fishery Management Plan was developed
and approved by the MFC and WRC in 1994. This plan set forth measures necessary
for continuing the recovery of the A/R stock, and advised the ASMFC of measures
which North Carolina was taking in that regard. It also put in place a commercial quota
and recreational size and bag limits for the CSMA. This coastwide plan also satisfied
the recommendation, contained in the Report to Congress, that such a plan be
prepared.
4.4.2 Statutes
All management authority for North Carolina’s striped bass fishery is vested in the State
of North Carolina. Since the stocks depend greatly on habitats found in both Coastal
and Inland Waters, the MFC and the WRC will implement management actions in their
respective jurisdictions.
General authorities noted in Section 4.1.2 provide the MFC and WRC with regulatory
powers to manage the fisheries. There are some statutes (G.S. 113-268 (a), (b), and (c)
and G.S. 113-282 c.1.) which promulgate specific rules to implement management
objectives.
4.4.3 Rules
The following rules have been enacted to manage striped bass stocks in North Carolina
through the authority vested in the MFC and WRC. (North Carolina Administrative
Code- 15A NCAC)
4.4.3.1 Marine Fisheries Commission Rules
15A NCAC SUBCHAPTER 3J- NETS, POTS, DREDGES, AND OTHER FISHING
DEVICES
SECTION .0100 – NETS RULES, GENERAL
.0101 FIXED OR STATIONARY NETS
It is unlawful to use or set fixed or stationary net:
(1) In the channel of the Intracoastal Waterway or in any other location where it
may constitute a hazard to navigation;
(2) So as to block more than two-thirds of any natural or manmade waterway,
sound, by, creek, inlet or any other body of water;
(3) In the middle third of any marked navigation channel;
(4) In the channel third of the following rivers: Roanoke, Cashie, Middle,
Eastmost, Chowan, Little, Perquimans, Pasquotank, North, Alligator, Pungo,
Pamlico, and Yeopim.
.0102 NETS OR NET STAKES
It is unlawful to use nets or net stakes:
26
(1) Within 150 yards of railroad or highway bridge crossing the Northeast Cape
Fear River, New River, White Oak River, Trent River, Neuse River, Pamlico
River, Roanoke River, and Alligator River;
(2) Within 300 yards of any highway bridge crossing Albemarle Sound,
.0103 GILL NETS, SEINES, IDENTIFICATION, RESTRICTIONS
(a) It is unlawful to use a gill net with a mesh length less than 2 ½ inches.
(b) The Fisheries Director may, by proclamation, limit or prohibit the use of gill
nets or seines in coastal waters, or any portion thereof, or impose any or all of
the following restrictions on the use of gill nets or seines:
(1) Specify area.
(2) Specify season.
(3) Specify gill net mesh length.
(4) Specify means/methods.
(5) Specify net number and length.
(c) It is unlawful to use fixed or stationary gill nets in the Atlantic Ocean, drift gill
nets in the Atlantic Ocean for recreational purposes, or any gill nets in internal
coastal waters unless such nets are marked by attaching to them at each end
two separate yellow buoys which shall be of solid foam or other solid buoyant
material no less than five inches in diameter and no less than five inches in
length. Gill nets which are not connected together at the top line shall be
considered as individual nets, requiring two buoys at the end of each individual
net. Gill nets connected together at the top line shall be considered as a
continuous net requiring two buoys at each end of the continuous net. Any
other marking buoys on gill nets used for recreational purposes shall be yellow
except one additional buoy, any shade of hot pink in color, constructed as
specified in Paragraph (c) of this Rule, shall be added at each end of each
individual net. Any other marking buoys on gill nets used in commercial fishing
operations shall be yellow except that one additional identification buoy of any
color or any combination of colors, except any shade of hot pink may be used
at either or both ends. The owner shall always be identified on a buoy on each
end either by using engraved buoys or by attaching engraved metal or plastic
tags to the buoys. Such identification shall include owner’s name and initials
and if a vessel is used, one of the following:
(1) Owner’s N.C. motor boat registration number, or
(2) Owner’s U.S. vessel documentation name.
(d) It is unlawful to use gill nets:
(1) Within 200 yards of any pound net with lead and pound or heart in use;
(2) From March 1 through October 31 in the Intracoastal Waterway within
150 yards of any railroad or highway bridge.
(e) It is unlawful to use gill nets within 100 feet either side of the center line of the
Intracoastal Waterway Channel south of Quick Flasher No. 54 in Alligator
River at the southern entrance of the Intracoastal Waterway to the South
Carolina line, unless such net is used in accordance with the following
conditions:
(1) No more than two gill nets per boat may be used at any one time;
27
(2) Any net used must be attended by the fisherman from a boat who shall
at no time be more than 100 yards from either net; and
(3) Any individual setting such nets shall remove them, when necessary, in
sufficient time to permit unrestricted boat navigation.
(f) It is unlawful to use drift gill nets in violation of 15A NCAC 3J .0101(2) and
Paragraph (e) of this Rule.
(g) It is unlawful to use unattended gill nets with a mesh length less than five
inches in a commercial fishing operation in the following areas:
(1) Pamlico River, west of a line beginning at a point on Mauls Point 35° 26
.9176’ N - 76° 55 .5253’ W; to a point on Ragged Point at 35° 27 .5768’
N - 76° 54 .3612 W;
(2) Within 200 yards of any shoreline in Pamlico River and its tributaries
east of the line from Mauls Point at 35° 26 .9176’ N - 76° 55 .5253’ W;
to Ragged Point at 35° 27. 5768’ N - 76° 54 .3612’ W and west of a line
beginning at a point on Pamlico Point at 35° 18 .5906’ N - 76° 28 .9530’
W; through Marker #1 to a point on Roos Point at 35° 22 .3622’ N - 76°
28. 2032’ W;
(3) Pungo River, east of a line beginning at a point on Durants Point at 35°
30 .5312’ N - 76° 35’ 12. 1594’ W; to the northern side of the
breakwater at 35° 31 .7198’ N - 76° 36 .9195’ W;
(4) Within 200 yards of any shoreline in Pungo River and its tributaries
west of a line from Durants Point at 35° 30 .5312’ N - 76° 35 .1594’W;
to the northern side of the breakwater at 35° 31 .7198’ N - 76° 35 .1594’
W, and west of a line beginning at a point on Pamlico Point at 35° 18
.5906’ N - 76° 28 .9530’ W; through Marker #1 to a point on Roos Point
at 35° 22 .3622’ N - 76° 28 .2032’W;
(5) Neuse River and its tributaries northwest of the Highway 17 high-rise
bridge;
(6) Trent River and its tributaries;
(7) Within 200 yards of any shoreline in Neuse River and its tributaries east
of Highway 17 high-rise bridge and west of a line beginning at a point
on Wilkinson Point at 34° 57 .9166’ N - 76° 48 .2240’ W; to a point on
Cherry Point at 34° 56 .3658’ N - 76° 48 .7110’ W.
(h) It is unlawful to use unattended gill nets with a mesh length less than five
inches in a commercial fishing operation from May 1 through October 31 in the
following internal coastal and joint waters of the state south of a line beginning
at a point on Roanoke Marshes Point at 35° 48 .3693’ N - 75° 43 .7232’ W; to
a point on Eagle Nest Bay at 35° 44 .1710’ N - 75° 31 .0520’ W to the South
Carolina State Line:
(1) All primary nursery areas described in 15A NCAC 3R .0103, all
permanent secondary nursery areas described in 15A NCAC 3R .0104,
and no trawl areas described in 15A NCAC 3R .0106(3), (4), (6), and
(7);
(2) In the area along the Outer Banks, beginning at a point on Core Banks
at 34° 58 .7853’ N - 76° 09 .8922’ W; to a point on Wainwright Island at
28
34° 59 .4664’ N - 76° 12 .4859’ W; to a point at 35° 00 .2666’ N - 76° 12
.2000’ W; (M) to a point near Beacon “HL” at 35° 01. 5833’ N - 76° 11
.4500’ W; to a point near North Rock at 35° 06 .4000’ N - 76° 04 .3333’
W; to a point near Nine Foot Shoal Channel at 35° 08 .4333’ N - 76° 02
.5000’ W; to a point near the west end of Clark Reef at 35° 09 .3000’ N
- 75° 54 .8166’ W; to a point south of Legged Lump at 35° 10 .9666’ N -
75° 49 .7166’ W; to a point on Legged Lump at 35° 11 .4833’ N - 75° 51
.0833’ W; to a point near No. 36 in Rollinson Channel at 35° 15 .5000’
N - 75° 43 .4000’ W; to a point near No. 2 in Cape Channel at 35° 19
.0333’ N - 75° 36 .3166’ W; to a point near No. 2 in Avon Channel at
35° 22 .3000’ N - 75° 33 .2000’ W; to a point on Gull Island at 35° 28
.4500’ N - 75° 31 .3500’ W; to a point west of Salvo at 35° 32 .6000’ N -
75° 31 .8500’W; to a point west of Rodanthe Pier at 35° 35 .0000’N -
75° 29 .8833’W; to a point near No. 2 in Chicamacomico Channel, to a
point west of Beach Slough at 35° 40 .0000’N - 75° 32 .8666’W; to a
point west of Pea Island at 35° 45 .1833’ N - 75° 34 .1000’ W; to a point
at 35° 44 .1710’ N - 75° 31 .0520’W. Thence running south along the
shoreline across the inlets to the point of beginning;
(3) In Back and Core sounds, beginning at a point on Shackleford Banks at
34° 39 .6601’ N - 76° 34 .4078 W; to a point at Marker #3 at 34° 41
.3166’ N - 76° 33 .8333’ W; to a point at 34° 40 .4500’ N - 76° 30 .6833’
W; to a point near Marker “A37” at 34° 43 .5833’ N - 76° 28 .5833’ W; to
a point at 34° 43 .7500’ N - 76° 28 .6000’ W; to a point at 34° 48 .1500’
N - 76° 24 .7833’ W; to a point near Drum Inlet at 34° 51 .0500’ N - 76°
20 .3000’ W; to a point at 34° 53 .4166’ N - 76° 17 .3500’ W; to a point
at 34° 53 .9166’ N - 76° 17 .1166’ W; to a point at 34° 53 .5500’ N - 76°
16 .4166’ W; to a point at 34° 56 .5500’ N - 76° 13 .6166’ W; to a point
at 34° 53 .5500’ N - 76° 16 .4166’ W; to a point at 34° 56 .4833’ N - 76°
13 .2833 W; to a point at 34°58 .1833 N - 76° 12 .3000 W; to a point at
34° 58 .8000’ N - 76° 12 .5166’ W; to a point on Wainwright Island at
34° 59 .4664’ N - 76° 12 .4859’ W; to a point on Core Banks at 34° 58
.7832’ N - 76° 09 .8922’ W; thence following the shoreline south across
Drum and Barden inlets to a point of beginning;
(4) Within 200 yards of any shoreline, except from October 1 through
October 31, south and east of Highway 12 in Carteret County and south
of a line from a point on Core Banks at 34° 58 .7853’ N - 76° 09 .8922’
W; to Camp Point at 34° 59 .7942’ N - 76° 14 .6514’ W to the South
Carolina State Line.
15A NCAC SUBCHAPTER 3M- FINFISH
SECTION .0100 – FINFISH, GENERAL
29
.0101 MUTILATED FINFISH
It is unlawful to possess aboard a vessel or while engaged in fishing from the
shore or a pier any species of finfish which is subject to a size or harvest
restriction without having head and tail attached. Blueback herring, hickory shad
and alewife shall be exempt from this Rule when used for bait provided that not
more than two fish per boat or fishing operation may be cut for bait at any one
time.
SECTION .0200- STRIPED BASS
.0201 GENERAL
(a) Striped bass is defined as striped bass (Morone saxatilis) and its hybrids
taken in coastal and joint waters.
(b) Hook-and-line fishing equipment is not commercial fishing equipment in the
striped bass fishery. It is unlawful to sell or purchase striped bass taken by
hook-and-line. Striped bass taken legally with hook-and-line may be
possessed and transported.
(c) It is unlawful to possess striped bass imported from other states less than 18
inches long (total length).
(d) It is unlawful to import, buy, sell, transport, offer to buy or sell, or possess
striped bass except:
(1) during the open season in internal coastal waters established in 15A
NCAC 3M .0202;
(2) during any open season established for the Atlantic Ocean in 15A
NCAC 3M 0.204; or
(3) during any open season of another state without possession of the
following:
(A) A bill of lading as described in 15A NCAC 3O .0114;
(B) A numbered, state-issued tag from the State of origin affixed
through the mouth and gill cover. This tag must remain affixed
until processed for consumption by the consumer.
.0202 SEASON, SIZE AND HARVEST LIMIT: INTERNAL COASTAL WATERS
(a) The Fisheries Director may, by proclamation, impose any or all the
following restrictions on the taking of striped bass in internal coastal waters:
(1) Specify season or seasons:
(A) for recreational purposes;
(B) for commercial fishing operations from October 1 through April 30,
(2) Specify areas,
(3) Specify quantity,
(4) Specify means/methods,
(5) Specify size, but the minimum size specified shall not be less than
18 inches total length, and
(6) Require submission of statistical and biological data. Fish that do
not meet the minimum size limit specified by proclamation shall
30
immediately be returned to the waters from which taken
regardless of condition.
(b) The Fisheries Director may, by proclamation, impose any or all the following
restrictions on the taking of striped bass by hook-and-line or for recreational
purposes in internal coastal waters in order to comply with the management
requirements incorporated in the North Carolina Estuarine Striped Bass Plan:
(1) Specify quantity, but shall not exceed possession of more than three
fish in any one day, and
(2) Specify size, but the minimum size specified shall not be less than 18
inches total length.
.0204 SEASON, SIZE AND HARVEST LIMIT: ATLANTIC OCEAN
(a) It is unlawful to possess striped bass taken from the Atlantic Ocean less than
the size limit as determined by the Atlantic States Marine Fisheries
Commission in their Interstate Fisheries Management Plan for striped bass.
The Fisheries Director shall issue proclamations necessary to bring North
Carolina’s size limit in compliance with the Interstate Fisheries Management
Plan.
(b) It is unlawful to buy, sell, transport, or possess striped bass from the Atlantic
Ocean by any means except that the Fisheries Director may establish an
open season at any time, and is further empowered to impose any or all of
the following restrictions:
(1)Specify number of days,
(2)Specify areas,
(3)Specify means and methods which may be employed in the taking,
(4)Specify time period,
(5)Limit the quantity, both commercially and recreationally, and
(6)Provide for biological sampling of fish harvested.
.0205 PROHIBITED TRAWLING
(a) It is unlawful to possess striped bass on a vessel with a trawl net on that
vessel in internal coastal waters except during transit from ocean fishing
grounds to port during any open season in the Atlantic Ocean established by
proclamation. Striped bass so possessed must meet the minimum size limit
set by proclamation.
(b) It is unlawful to possess striped bass on a vessel in the Atlantic Ocean with a
trawl net on that vessel except during any open season in the Atlantic Ocean
established by proclamation.
.0206 HYBRID STRIPED BASS CULTURE
Culture and sale of hybrid striped bass conducted in accordance with Rule 15A
NCAC 10H Section .0700 of the North Carolina Wildlife Resources Commission
shall be exempt from rules of the North Carolina Marine Fisheries Commission
concerning striped bass.
31
15A NCAC SUBCHAPTER 3O- LICENSES, LEASES AND FRANCHISES
SECTION .0300- RECREATIONAL COMMERCIAL GEAR LICENSES
.0301 ELIGIBILITY FOR RECREATIONAL COMMERCIAL GEAR LICENSES
(a) It is unlawful for any individual to hold more than on Recreational
Commercial Gear License.
(b) Recreational Commercial Gear Licenses shall only be issued to individuals.
.0302 AUTHORIZED GEAR
(a) The following are the only commercial fishing gear authorized (including
restrictions) for use under a valid Recreational Commercial Gear License:
(1) One seine 30 feet or over in length but not greater than 100 feet with a
mesh length less than 2 ½ inches when deployed or retrieved without
the use of a vessel or any other mechanical methods. A vessel may
only be used to transport the seine;
(2) One shrimp trawl with a headrope not exceeding 26 feet in length per
vessel. Mechanical methods for retrieving the trawl are not authorized
for recreational purposes, including but not limited to, hand winches
and block and tackle;
(3) With or without a vessel, five eel, fish, shrimp, or crab pots in any
combination, except only two pots of the five may be eel pots. Peeler
pots are not authorized for recreational purposes;
(4) One multiple hook or multiple bait trotline up to 100 feet in length;
(5) Gill Nets:
(A) Not more than 100 yards of gill nets with a mesh length equal to
or greater than 2 ½ inches except as provided in (5) (C) of this
Rule. Attendance is required at all times;
(B) Not more than 100 yards of gill nets with a mesh length equal to
or greater than 5 ½ inches except as provided in (5) (C) of this
Rule. Attendance is required when used from one hour after
sunrise through one hour before sunset in the Atlantic Ocean and
north and west of a line beginning at a point at the Fort Macon
rock jetty at 34° 41.8100’ N - 76° 40.6244’ W, running to a point at
the east end of the Beaufort Highway 70 Drawbridge at 34°
43.3417’ N - 76° 40.0992’ W including Newport River. The
northern boundary in Newport River is the Highway 101 Bridge.
Attendance is required at all times south and west of that line in
internal waters; and
(C) Not more than 100 yards of gill net may be used at any one time,
except that when two or more Recreational Commercial Gear
License holders are on board, a maximum of 200 yards may be
used from a vessel;
(D) It is unlawful to possess aboard a vessel more than 100 yards of
gill nets with a mesh length less than 5 ½ inches identified as
recreational commercial fishing equipment when only one
32
recreational Commercial Gear License holder is on board. It is
unlawful to possess aboard a vessel more than 200 yards of gill
nets with a mesh length less than 5 ½ inches and more than 200
yards of gill nets with a mesh length equal to or greater than 5 ½
inches identified as recreational commercial fishing equipment
when two or more Recreational Commercial Gear License holders
are on board; and
(6) A hand-operated device generating pulsating electrical current for the
taking of catfish in the area described in 15A NCAC 03J .0304.
(b) It is unlawful to use more than the quantity of authorized gear
specified in Subparagraphs (a) (1) – (a) (6) of this Rule,
regardless of the number of individuals aboard a vessel
possessing a valid recreational Commercial Gear License.
(c) It is unlawful for a person to violate the restrictions of or use gear
other than authorized by Paragraph (a) of this Rule.
(d) Unless otherwise provided, this Rule does not exempt
Recreational Commercial Gear License holders from the
provisions of other applicable rules of the Marine Fisheries
Commission or provisions of proclamations issued by the
Fisheries Director as authorized by the Marine Fisheries
Commission.
.0303 RECREATIONAL COMMERCIAL GEAR LICENSE POSSESSION LIMITS
(a) It is unlawful to possess more than a single recreational possession limit
when only one person aboard a vessel possesses a valid Recreational
Commercial Gear License and recreational commercial fishing equipment as
defined in 15A NCAC 03O.0302 (a) is used, regardless of the number of
persons on board.
(b) It is unlawful to possess individual recreational possession limits in excess of
the number of individuals aboard a vessel holding valid Recreational
Commercial Gear Licenses.
(c) It is unlawful for any person who holds both a Recreational Commercial Gear
License and a Standard or Retired Standard Commercial Fishing License
and who is in possession of identified recreational commercial fishing
equipment as defined in 15A NCAC 03O .0302 (a), to exceed the single
recreational possession limit.
(d) It is unlawful for persons aboard a vessel collectively holding only one
Recreational Commercial Gear License and any Standard Commercial
Fishing License or Retired Standard Commercial fishing License and who
are in possession of any identified recreational commercial fishing equipment
as defined in 15A NCAC 03O .0302 (a), to exceed one recreational
possession limit.
SECTION .0500 PERMITS
33
.0503 PERMIT CONDITIONS; SPECIFIC
(b) Dealers Permits for Monitoring Fisheries under a Quota/Allocation:
(1) During the commercial season opened by proclamation or rule for the
fishery for which a Dealers Permit for Monitoring Fisheries under a
Quota/Allocation permit is issued, it is unlawful for fish dealers issued
such permit to fail to:
(A) Fax or send via electronic mail by noon daily, on forms provided
by the Division, the previous day’s landings for the permitted
fishery to the dealer contact designated on the permit. Landings
for Fridays or Saturdays may be submitted on the following
Monday. If the dealer is unable to fax or electronic mail the
required information, the permittee may call in the previous day’s
landings to the dealer contact designated on the permit but t must
maintain a log furnished by the Division;
(B) Submit the required log to the Division upon request or no later
than five days after the close of the season for the fishery
permitted;
(C) Maintain faxes and other related documentation in accordance
with 15A NCAC 3I .0114;
(D) Contact the dealer contact daily regardless of whether or not a
transaction for the fishery for which a dealer is permitted occurred:
(E) Record the permanent dealer identification number on the bill of
lading or receipt for each transaction or shipment from the
permitted fishery.
(2) Striped Bass Dealer Permit:
(A) It is unlawful for a fish dealer to possess, buy, sell or
offer for sale striped bass taken from the following
areas without first obtaining a Striped Bass Dealer
Permit validated for the applicable harvest area:
(i) Atlantic Ocean;
(ii) Albemarle Sound Management Area for Striped
Bass, which is, defined as Albemarle Sound and
all its joint water tributaries including Roanoke
River, up to the Hwy. 258 bridge; Eastmost and
Middle Rivers, and Cashie River below Sans
Souci Ferry; Currituck Sound and all its joint water
tributaries; Roanoke and Croatan Sounds and all
their joint water tributaries, including Oregon Inlet,
east of a line from Baum Point 34° 55 .1602’ N -
75° 39 .5736’ W; to Rhodoms Point 36° 00 .2146’
N - 75° 43 .6399’ W and east of a line from
Eagleton Point 36° 01 .3178’ N - 75° 43 .6585’
W; to Long Point 36° 02 .4971’ N - 75° 44 .2261’
W at the mouth of Kitty Hawk Bay and north of a
line from Roanoke Marshes Point 35° 48 .3693’
N – 75° 43 .1710’ W, to the north point of Eagle
34
Nest Bay 35° 44 .1710’ N - 75° 31 .0520’ W;
Croatan Sound south of a line at the Highway
64/264 bridge at Manns Harbor and north of a line
from Roanoke Marshes Point 35° 48 .3693’ N -
75° 43 .7232’ W; to the north point of Eagle Nest
Bay 35° 44 .1710’ N - 75° 31 .0520’ W;
(iii) Central Area which is defined as all internal
coastal waters of Carteret, Craven, Beaufort, and
Pamlico counties; Pamlico and Pungo rivers; and
Pamlico Sound south of line from Roanoke
Marshes Point 35° 48 .3693’ N - 75° 43 .7232’ W,
to the north point of Eagle Nest Bay 35° 44 .1710’
N - 75° 31 .0520’ W (southern boundary of
Albemarle Sound Management Area for Striped
Bass) to the county boundaries;
(iv) Southern Area, which is, defined as all internal
coastal waters of Pender, Onslow, New Hanover
and Brunswick counties.
(B) No permittee may possess, buy, sell or offer for sale striped
bass taken from the harvest areas opened by proclamation
without having a North Carolina Division of Marine Fisheries
issued valid tag for the applicable area affixed through the
mouth and gill cover or, in the case of striped bass imported
from other states, a similar tag that is issued for striped bass
in the state of origin. North Carolina Division of Marine
Fisheries striped bass tags may not be bought, sold, offered
for sale, or transferred. Tags shall be obtained at the North
Carolina Division of Marine Fisheries Offices. The Division of
Marine Fisheries shall specify the quantity of tags to be
issued based on historical striped bass landings. It is
unlawful for the permittee to fail to surrender unused tags to
the Division upon request.
15A NCAC SUBCHAPTER 3Q- JURISDICTION OF AGENCIES: CLASSIFICATION
OF WATERS
SECTION .0100- GENERAL REGULATIONS: JOINT
.0107 SPECIAL RULES, JOINT WATERS
In order to effectively manage all fisheries resources in joint waters and in order to
confer enforcement powers on both fisheries enforcement officers and wildlife
enforcement officers with respect to certain rules, the Marine Fisheries
Commission and the Wildlife Resources Commission deem it necessary to adopt
special rules for joint waters. Such rules supersede any inconsistent rules of the
Marine Fisheries Commission or the Wildlife Resources Commission that would
35
otherwise be applicable in joint waters under the provisions of 15A NCAC 3Q
.0106:
(1) Striped bass:
(a) It is unlawful to possess any striped bass or striped bass hybrid taken
by any means which is less than 18 inches long (total length).
(b) It is unlawful to possess more than three striped bass or striped bass
by hook and line or with gear authorized by a Recreational Commercial
Gear License in any one day from joint waters.
(c) It is unlawful to engage in net fishing for striped bass or striped bass
hybrids in joint waters except as authorized by duly adopted rules of the
Marine Fisheries Commission.
(d) It is unlawful to possess striped bass or striped bass hybrids in the joint
waters of Albemarle, Currituck, Roanoke, and Croatan Sounds and
their tributaries, excluding the Roanoke River, except during seasons
as authorized by duly adopted rules of the Marine Fisheries
Commission.
(e) In the joint waters of the Roanoke River and its tributaries including
Cashie, Middle and Eastmost Rivers, striped bass and hybrid striped
bass fishing season, size limits and creel limits shall be the same as
those established by duly adopted rules of the Wildlife Resources
Commission for adjacent inland fishing waters.
.0108 MANAGEMENT PLANS FOR STRIPED BASS IN JOINT WATERS
In order to effectively manage the recreational hook and line harvest in joint waters
of the Albemarle-Roanoke stock of striped bass, the Marine Fisheries Commission
and the Wildlife resources Commission deem it necessary to establish two
management areas for the joint waters of the Albemarle Sound and the Roanoke
River, along with their defined tributaries. The Wildlife Resources Commission shall
have principal management responsibility for the stock when it is in the joint and
inland fishing waters of the Roanoke River and its tributaries including Cashie,
Middle, and Eastmost Rivers. The Marine Fisheries Commission shall have principal
management responsibility for the stock in the remaining waters of the Albemarle,
Currituck, Roanoke and Croatan Sounds and their tributaries, including joint and
inland waters. The annual quota for recreational harvest of the Albemarle-Roanoke
striped bass shall be divided equally between the two management areas. The
management plan shall:
(1) Be consistent with the guidelines established in the Atlantic States Marine
Fisheries Commission Plan for Striped Bass.
(2) Limit harvest to a one fish per person per day creel limit in areas for which no
data collection program is ongoing.
.0109 IMPLEMENTATION OF STRIPED BASS MANAGEMENT PLANS:
RECREATIONAL FISHING
The Marine Fisheries and Wildlife Resources Commissions shall implement their
respective striped bass management plans for recreational fishing pursuant to their
36
respective rule-making powers. To preserve jurisdictional authority of each
Commission while establishing a means to implement their management plans, the
Commissions find it necessary to create a means through which management
measures can be implemented by a single instrument in each management area.
(1) In the Roanoke River and tributaries, the exclusive authority to open and
close seasons and areas, whether inland or joint fishing waters shall be
vested in the Wildlife Resources Commission. The Wildlife Resources
Commission shall initiate action to close the management area when 90
percent of the assigned quota has been taken. An instrument closing any
management area in joint waters shall operate as and shall be a jointly
issued instrument opening or closing seasons or areas to harvest in the
Roanoke River management area.
(2) In the Albemarle Sound management area, the exclusive authority to open
and close seasons and areas, whether coastal or joint fishing waters shall be
vested in the Marine Fisheries Commission. The Marine Fisheries
Commission shall initiate action to close the management area when 90
percent of the assigned quota has been taken. In the Albemarle Sound
management area administered by the Marine Fisheries Commission, an
instrument or action by the Marine Fisheries Commission affecting the
harvest in joint and coastal waters, excluding the Roanoke River
management area, shall automatically be implemented and effective as a
Wildlife Resources Commission action in the inland waters and tributaries to
the waters affected.
4.4.3.2 Wildlife Resources Commission Rules
15A NCAC 10C .0107 SPECIAL REGULATIONS: JOINT WATERS
In order to effectively manage all fisheries resources in joint waters and in order to
confer enforcement powers on both fisheries enforcement officers and wildlife
enforcement officers with respect to certain rules; the Marine Fisheries
Commission and the Wildlife Resources Commission deem it necessary to adopt
special rules for joint waters. Such rules supercede any inconsistent rules of the
Marine Fisheries Commission or the Wildlife Resources Commission that would
otherwise be applicable in joint waters under the provisions of 15A NCAC 10C
.0106:
(1) Striped Bass
(a) It shall be unlawful to possess any striped bass or striped bass hybrid
taken by any means which is less than 18 inches long (total length).
(b) It shall be unlawful to possess more than three striped bass or their
hybrids taken by hook and line in any one day from joint waters.
(c) It shall be unlawful to engage in net fishing for striped bass or their
hybrids in joint waters except as authorized by duly adopted rules of the
Marine Fisheries Commission.
(d) It is unlawful to possess striped bass or striped bass hybrids in the joint
waters of Albemarle, Currituck, Roanoke and Croatan Sounds and their
37
tributaries, excluding the Roanoke River, except during seasons as
authorized by duly adopted rules of the Marine Fisheries Commission.
(e) In the joint waters of the Roanoke River and its tributaries, including
Cashie, Middle and Eastmost Rivers, striped bass and hybrid striped
bass fishing season, size limits and creel limits shall be the same as
those established and authorized by duly adopted rules of the Wildlife
Resources Commission for adjacent inland fishing waters.
15A NCAC 10C .0110 MANAGEMENT PLANS FOR STRIPED BASS IN JOINT
WATERS
In order to effectively manage the recreational hook and line harvest in joint waters
of the Albemarle-Roanoke stock of striped bass, the Marine Fisheries Commission
and the Wildlife Resources Commission deem it necessary to establish two
management areas for the joint waters of the Albemarle Sound and Roanoke River,
along with their defined tributaries. The Wildlife Resources Commission shall have
principal management responsibility for the stock when it is in the joint and inland
fishing waters of the Roanoke River and its tributaries, including Cashie, Middle and
Eastmost Rivers. The Marine Fisheries Commission shall have principal
management responsibility for the stock in the remaining waters of the Albemarle,
Currituck, Roanoke and Croatan Sounds and their tributaries, including joint and
inland waters. The annual quota for recreational harvest of the Albemarle-Roanoke
striped bass stock shall be divided equally between the two management areas.
The management plans shall:
(1) Be consistent with the guidelines established in the Atlantic States Marine
Fisheries Commission Plan for Striped Bass.
(2) Limit harvest to a one fish per person per day creel limit in areas for which no
data collection program is ongoing.
15A NCAC 10C .0111 IMPLEMENTATION/STRIPED BASS MANAGEMENT
PLAN/RECREATIONAL FISHING
The Marine Fisheries and Wildlife Resources Commissions shall implement their
respective striped bass management plans for recreational fishing pursuant to their
respective rulemaking powers. To preserve jurisdictional authority of each
Commission while establishing a means to implement their management plans, the
Commissions find it necessary to create a means through which management
measures can be implemented by a single instrument in each management area.
(1) In the Roanoke River and tributaries, the exclusive authority to open and close
seasons and areas, whether inland or joint fishing waters shall be vested in the
Wildlife Resources Commission. The Wildlife Resources Commission shall
initiate action to close the management area when 90 percent of the assigned
quota has been taken. An instrument closing any management area in joint
waters shall operate as and shall be a jointly issued instrument opening or
closing seasons or areas to harvest in the Roanoke River management area.
(2) In the Albemarle Sound management area, the exclusive authority to open
and close seasons and areas, whether coastal or joint fishing waters shall be
vested in the Marine Fisheries Commission. The Marine Fisheries Commission
38
shall initiate action to close the management area when 90 percent of the
assigned quota has been taken. In the Albemarle Sound management area
administered by the Marine Fisheries Commission, an instrument or action by
the Marine Fisheries Commission affecting the harvest in joint and coastal
waters, excluding the Roanoke River management area, shall automatically be
implemented and effective as a Wildlife Resources Commission action in the
inland waters and tributaries to the waters affected.
15A NCAC 10C .0215 REPLACEMENT COSTS OF WILDLIFE RESOURCES-FISH
(a) Replacement Costs Distinguished. As it applies to fishes the term
“replacement costs” must be distinguished from the “value” of the fish
concerned. Except in cases where fish may lawfully be sold on the open
market, as with commercially reared species, the monetary value of the
specimens cannot be determined easily. The degree of special interest or
concern in a particular species by the public, including not only anglers, but
also conservationists and those whom the value of fishes is primarily
aesthetic, cannot be measured in dollar amounts. The average cost per fish
legally taken by anglers including travel and lodging, fishing equipment and
bait, excise taxes on equipment, licenses and other fees, may fairly be
estimated. This too, however, is a reflection of the value of fish species
should be considered only as they may bear on the necessity or desirability
of actual replacement.
(b) Factors to be Considered. The factors which should be considered in
determining the replacement costs of resident species of fishes that have
been taken, injured, removed, harmfully, altered, damaged, or destroyed
include the following:
(1) whether the species is classified as endangered or threatened;
(2) the relative frequency of occurrence of the species in the state;
(3) the extent of existing habitat suitable for the species within the state;
(4) the dependency of the species on unique habitat requirements;
(5) the cost of improving and maintaining suitable habitat for the species;
(6) the cost of capturing the species in areas of adequate populations and
transplanting them to areas of suitable habitat with low populations;
(7) the cost of propagating and rearing the species in a hatchery and the
cost of transporting them to areas of suitable habitat with low
populations;
(8) the availability of the species and the cost of acquisition for restocking
purposes;
(9) the cost of those species which, when released, have a probability of
survival in the wild;
(10) the ratio between the natural life expectancy of the species and the
period of its probable survival when, having been reared in a hatchery,
it is released to the wild;
(11) the change in value of money as reflected by the consumer price index,
39
(c) Costs of Replacement. Based on the factors listed in Paragraph
(b) of this Rule, including the June, 1980, consumer price index of
247.6 percent of the 1967 base, the following fishes are listed with
the estimated replacement cost:
Species Weight Replacement Cost
Striped bass and up to 5 lbs. $ 25/fish
Bodie bass 5 lbs. to 10 lbs. $ 20/lb.
10 lbs. to 20 lbs. $ 25/lb.
Over 20 lbs. $ 30/lb.
15A NCAC 10C .0301 INLAND GAME FISHES DESIGNATED
The following fishes are classified and designated as inland game fishes:
(10) striped bass and Morone hybrids (striped bass-white bass), when found in
inland fishing waters;
15A NCAC 10C .0302 MANNER OF TAKING INLAND GAME FISHES
(d) In the inland waters of the Roanoke River upstream of U.S. 258 bridge, only
a single barbless hook or a lure with a single barbless hook may be used
from 1 April to 30 June. Barbless as used in this Rule, requires that the hook
does not have a barb or the barb is bent down.
15A NCAC 10C .0304 TAKING AND POSSESSION OF INLAND GAME FISHES
(a) It is unlawful to take in one day more than the daily creel limit of those
species of inland game fish having a specified creel limit; to possess more
fish than the daily creel limit in effect on those waters being fished; to
possess any fish outside of the size limit in effect on those waters being
fished; to possess more fish than the daily creel limit while boating or afield;
or to possess at any place more than three days creel limit. It is unlawful to
destroy unnecessarily any inland game fish taken from public fishing waters.
(b) No person while fishing shall remove the head or tail or otherwise change the
appearance of any game fish having a minimum size limit so as to render it
impracticable to measure its total original length. No person while fishing
shall change the appearance of any game fish having a daily creel limit so as
to obscure its identification or render it impracticable to count the number of
fish in possession.
15A NCAC 10C .0305 OPEN SEASONS: CREEL AND SIZE LIMITS
(a) Generally. Subject to the exceptions listed in Paragraph (b) of this Rule, the
open seasons and creel and size limits are as indicated in the following table:
40
Game Fishes Daily Creel Limits Minimum Size Limits Open Season
Striped Bass
and their hybrids
(Morone Hybrids)
8 aggregate
(excs. 1, 5 & 12)
16 in.
(excs. 1, 6, 5 & 10)
All Year
(excs. 5, 12, &
14)
(b) Exceptions
(5) In the inland fishing waters of Cape Fear, Neuse, Pee Dee, Pungo and
Tar Pamlico rivers and their tributaries extending upstream to the first
impoundment, and Lake Mattamuskeet, the daily creel limit for striped
bass and their hybrids is three fish in aggregate and the minimum
length is 18 inches. In the Tar Pamlico River and its tributaries
upstream of the NC 55 bridge in Lenior County, no striped bass or
striped bass hybrids between the lengths of 22 inches and 27 inches
shall be retained during the period April 1 through May 31.
(6) The open season for taking and possessing striped bass and their
hybrids in the Roanoke River Striped Bass Management Area is March
1 through April 15 from the joint-coastal fishing waters boundary at
Albemarle Sound upstream to the US 258 bridge and is March 15
through April 30 from the US 258 bridge upstream to Roanoke Rapids
Lake dam. During the open season the daily creel limit for striped bass
and their hybrids is two fish and no fish between 22 inches and 27
inches in length shall be retained.
(13) In designated inland fishing waters of Roanoke Sound, Croatan Sound,
Albemarle Sound, Chowan River, Currituck Sound, Alligator River,
Scuppernong River, and their tributaries (excluding the Roanoke River,
and Cashie River and their tributaries), striped bass fishing season, size
limits and creel limits shall be the same as those established by duly
adopted rules or proclamations of the Marine Fisheries Commission in
adjacent joint or coastal fishing waters.
(15) The Executive Director may, by proclamation, suspend or extend the
hook-and-line season for striped bass in the inland and joint waters of
coastal rivers and their tributaries. It is unlawful to violate the provisions
of any proclamation issued under this authority.
SECTION .0500- PRIMARY NURSERY AREAS
15A NCAC 10C .0501 SCOPE AND PURPOSE
To establish and protect those fragile inland waters which support embryonic,
larval or juvenile populations of marine or estuarine fish or crustacean species.
These rules will set forth permanent nursery areas in inland fishing waters.
Nursery areas are necessary for the early growth and development of virtually all
of North Carolina’s important marine or estuarine fish or crustacean species.
Nursery areas need to be maintained, as much as possible, in their natural state,
and the fish and crustacean populations within them must be permitted to develop
in a normal manner with as little interference from man as possible.
41
15A NCAC 10C .0502 PRIMARY NURSERY AREAS DEFINED
Primary nursery areas are defined as those areas inhabited by the embryonic,
larval or juvenile life stages of marine or estuarine fish or crustacean species due
to favorable physical, chemical or biological factors.
15A NCAC 10C .0503 DESCRIPTIVE BOUNDARIES
The following waters have been designated as primary nursery areas:
(1) North River:
(a) Broad Creek- Camden County- Entire stream;
(b) Deep Creek- Currituck County- Entire stream;
(c) Lutz Creek- Currituck County- Entire stream.
(2) Alligator River:
(a) East Lake- Dare County- Inland waters portion;
(b) Little Alligator River- Tyrrell County- Entire stream.
(3) Currituck Sound:
(a) Martin Point Creek- Dare County- Entire stream (Jean Guite
Creek);
(b) Tull Creek and Bay- Currituck County- Tull Bay to mouth of
Northwest River;
Tull Creek from mouth upstream to SR 1222 bridge.
(4) Pamlico River:
(a) Duck Creek- Beaufort County- Entire stream;
(b) Bath Creek- Beaufort County- Entire stream;
(c) Mixons Creek- Beaufort County- Entire stream;
(d) Porter Creek- Beaufort County- Entire stream;
(e) Tooleys Creek- Beaufort County- Entire stream;
(f) Jacobs Creek- Beaufort County- Entire stream;
(g) Jacks Creek- Beaufort County- Entire stream;
(h) Bond Creek- Beaufort County- Entire stream;
(i) Muddy Creek- Beaufort County- Entire stream;
(j) Strawhorn Creek- Beaufort County- Entire stream;
(k) South Prong Wright Creek- Beaufort County- Entire stream;
(l) Jordan Creek- Beaufort County- Entire stream.
(5) Neuse River:
(a) Slocum Creek- Craven County- Entire stream;
(b) Hancock Creek- Craven County- entire stream.
(6) New River:
(a) French Creek- Onslow County- Entire stream;
(b) New River- Onslow County- US Highway 17 bridge to point 0.75
miles upstream.
(7) Roanoke River: Halifax and Northhampton counties- US Hwy 258 bridge
to Roanoke Rapids dam
(8) Tar-Pamlico River: Nash, Edgecombe, Pitt and Beaufort counties- N&S
railroad at Washington upstream to Rocky Mount Mills Dam.
(9) Neuse River: Wake, Johnson, Wayne, Lenior, Pitt and Craven counties-
Pitchkettle Creek upstream to Millburnie Dam.
42
(10) Cape Fear River: Chatham, Lee, Harnett, Cumberland and Bladen
counties- Lock and Dam No. 1 to Buckhorn dam.
5.0. GENERAL LIFE HISTORY
5.1 Description and Distribution
The accepted common and scientific names for the species are striped bass, Morone
saxatilis, (Walbaum) (Robins et al. 1991). In North Carolina it is also known as striper,
rockfish, or rock. The body of a striped bass is elongate and moderately compressed
with a slightly arched back. The lower jaw protrudes and extends posteriorly to the
middle of the orbit. Color dorsally ranges from shades of green to steel blue or almost
black. The sides are silvery with 7 or 8 dark, more or less continuous stripes, one of
which always follows the lateral line, with 3 or 4 others above it and 3 below. Ventrally,
the fish are white to silver with brassy iridescence. They have one soft and one spiny
dorsal fin separated at the base and about equal in length. Striped bass are relatively
long-lived and capable of attaining moderately large size. Fish weighing 50 or 60
pounds are not exceptional. In general, females grow larger than males; reported
maximum lengths are 1,524 mm FL (60.0 inches) and 1,156 mm FL (45.5 inches),
respectively (Hill et al. 1989; ASMFC 1990). The largest striped bass on record are two
females caught in Albemarle Sound, North Carolina weighing 125 pounds each (Smith
1907).
5.2 General Life History
Studies from 1938 through the 1990s indicate that only a small portion of striped bass
spawned in the A/R system migrates out of the system to offshore waters (North
Carolina Striped Bass Study Management Board 1992). Since the A/R stock has
recovered and expanded however, an increasing number of tag returns indicate that
larger A/R striped bass are migrating to the Atlantic Ocean and to northern coastal
waters. This increase in distant tag returns likely reflects an increase in survival of larger
individuals and the inability of these individuals to tolerate high summertime water
temperatures of Albemarle Sound. In order to spawn successfully, striped bass require
waters having suitable flows, salinities, temperatures, and other aspects of habitat
quality, which make the species particularly vulnerable to river flow alterations (Rulifson
et al. 1982b).
5.2.1 Spawning
Striped bass spawn in fresh water or nearly freshwater portions of North Carolina
coastal rivers from late March to June depending upon water temperatures (Hill et al.
1989). Peak spawning activity occurs when water reaches 62°-67° F (16.7°-19.4° C) on
the Roanoke River (Rulifson 1990 and 1991a), 66.2° F (19° C) on the Cape Fear
(Sholar 1977; Fischer 1980), and 68°-70.7° F (20°- 21.5° C) on the Neuse (Hawkins
1979; Baker 1968), and 64°- 69°F (18°- 22° C) in Tar River (Kornegay and Humphries
1975). Spawning behavior is characterized by brief peaks of surface activity when a
mature female is surrounded by up to 50 males as eggs are broadcast into the
surrounding water, and males release sperm (Setzler et al. 1980). Spawning by a given
female is probably completed within a few hours (Lewis and Bonner 1966).
43
5.2.2 Eggs
Mature eggs are .039 to 0.59 inch (1.0-1.5 mm) in diameter when spawned, and remain
viable for about 1 hour (hr) before fertilization (Stevens 1966). Fertilized eggs are
spherical, non-adhesive, semi-buoyant and nearly transparent. Water hardening occurs
in a few hours, and eggs will range in diameter from .051 to .181 inch (1.3-4.6 mm)
(Albrecht 1964; Murawski 1969). To keep eggs in suspension, minimum water velocities
of .984 feet per second (ft/s) (30 cm/s) are generally required (Albrecht 1964). The
incubation period at peak spawning temperatures ranges from 42 to 55 hours. At 68° F
(20.0° C) (Hassler et al. 1981) found that eggs hatch in 38 hours. After hatching, larvae
are carried by the current to the downstream nursery areas.
5.2.3 Larvae
The larval development of striped bass is dependent upon water temperature and is
usually regarded as having three stages: 1) yolk-sac larvae are .20 to .31 inch (5-8 mm)
in total length (TL) and depend on yolk material as an energy source for 7 to 14 days; 2)
fin-fold larvae (.31-.47 inch; 8-12 mm TL) having fully developed mouth parts and
persist about 10 to 13 days; and 3) post fin-fold larvae attain length up to 1.18 inches
(30 mm) in 20 to 30 days (Hill et al. 1989). Researchers of North Carolina stocks of
striped bass (primarily Albemarle-Roanoke) divide larval development into yolk-sac and
post yolk-sac larvae. Growth occurs generally within the same rates described above
depending upon temperature. At temperatures ≥ 68° F (20° C), larvae reach the juvenile
stage in approximately 42 days (Hassler et al. 1981). Yolk-sac larvae can feed as early
as 5 days post-hatch; the survival rate is reduced as time to first feeding increases. This
can become critical, because the nursery grounds where primary food sources occur
are considerable distances downstream (especially the Albemarle-Roanoke stock).
Larvae are totally dependent upon river flows for transport and timing of arrival to the
nursery grounds where feeding is initiated.
5.2.4 Juveniles
Most striped bass enter the juvenile stage at about 1.18 inches (30 mm) TL; the fins are
then fully formed, and the external morphology of the young is similar to that of the
adults. Juveniles are often found in schools and apparently prefer clean sandy bottoms
(Hill et al. 1989). They may spend the first two years of life maturing in and around the
nursery area (Hassler et al. 1981).
5.2.5 Maturation and Fecundity
Information on rates of maturation and fecundity are unavailable for coastal North
Carolina stocks except the A/R stock. Recent research conducted on this stock
indicates that females begin reaching sexual maturity in approximately 3 years, at sizes
of 22-24 inches TL (Olsen and Rulifson 1991, Trent and Hassler 1968). Specifically,
about 45% of the Roanoke females have reached sexual maturity by age 3; however,
the viability of the eggs and resultant contribution of the progeny to the forming year
class are unknown (Olsen and Rulifson 1991). Previous investigators determined the
age at first maturity to be age 3 for male and age 4 for females (Trent and Hassler 1968;
Harris and Burns 1983; Harris et al. 1984). In general, there is a strong positive
correlation between the length, weight, and age of a female striped bass and the
44
number of eggs it produces. All Roanoke River females are mature by age 6, and a
curvilinear relationship exists between the fish age and the number of eggs produced,
with greatest increase between age 6 and age 10. Potential fecundity estimates range
from approximately 181,000 eggs for age 3 to 5,000,000 eggs for age 16 (Olsen and
Rulifson 1991). Lewis (1962) noted that some females in the Roanoke River, age seven
and older, did not spawn annually.
5.2.6 Growth Pattern
5.2.6.1 Rates
Growth rates for the A/R stock are rapid during the first three years of life, and then
decrease to a relatively slow rate as the fish reach sexual maturity. Striped bass grow
approximately 270 mm during their 1st year, 150 mm during their 2nd year, 70 mm during
their 3rd year, and 40-20 mm yearly thereafter (Olsen and Rulifson 1991). Mean lengths
at age from large samples of Roanoke River striped bass sampled on the spawning
grounds indicate female striped bass grow faster than males (Table 5.1). Growth rates
for young-of-year striped bass ranged from 0.272 mm per day to 0.664 per day
determined from a 20-year time series during 1955-1978 (Hassler et al. 1981).
Statistically significant differences were found in these yearly growth rates. Additionally
analyses indicated positive correlation with young-of-year growth rates and river
discharge. Hassler speculated that increased river discharge transports greater amount
of organic detritus to the estuary, which results in high productivity and faster growth
rates for young-of-year striped bass.
5.2.6.2 Length-Weight Relationships
Length-weight relationships have been determined specifically for the A/R stock females
from samples collected in 1989 and 1990. Regression analysis indicated a highly
significant linear length-weight relationship (Olsen and Rulifson 1991);
Total fish weight = -.6381598 + 0.016316 (FL) (r = 0.94, p≤0.0001, n = 265).
Trent (1962) established the following relation for first-summer growth of striped bass in
Albemarle Sound:
Y = 1.84615 + 2.91977X,
Where Y is log weight (mg) and X is log total length (cm). After maturity, the weight of
male striped bass is generally less than that of females of the same length (Merriman
1941; Mansueti 1961).
5.3 Ecological Relationships
5.3.1 Food Habits
Major food items of larvae collected in Albemarle Sound were Bosmina sp. and
copepodite stage copepods (Rulifson et al. 1991). Several food habit studies have been
conducted on
45
Table 5.1. Mean lengths (mm) at age for striped bass sampled from the Roanoke River spawning grounds, year
classes examined since 1991 (NCWRC data).
Age
Sex and Year
Class 2 3 4 5 6 7
Males
1988 465 510 545 573 581
1989 384 445 495 523 553 586
1990 383 452 494 525 560 597
1991 397 450 483 539 569 613
1992 397 450 474 543 579 610
1993 373 428 511 535 573 617
1994 311 462 488 537 569 608
1995 383 435 496 534 564
1996 382 441 495 530
1997 369 450 489
1998 387 438
1999 389
Females
1988 493 524 578 592 621
1989 399 473 518 549 580 626
1990 414 472 513 545 596 626
1991 376 478 503 553 597 631
1992 447 466 511 572 595 638
1993 375 441 536 551 602 664
1994 - 469 507 563 616 636
1995 381 462 513 573 584
1996 423 476 531 541
1997 429 472 512
1998 439 462
1999 -
juvenile and adult striped bass since 1955 in the Roanoke River and Albemarle Sound.
The most recent sampling on juvenile striped bass in Albemarle Sound found
zooplankton and mysid shrimp as primary prey items for smaller juveniles in the
summer, with small fish (most likely bay anchovies) entering the diet later in the season
(Rulifson and Bass 1991, Cooper, Rulifson and Winslow 1998). Adults feed extensively
on blueback herring and alewives in the river during the spawning migration (Trent and
Hassler 1968). Manooch (1973) conducted a seasonal food habit study in Albemarle
Sound. Fish primarily clupeids (Atlantic menhaden, blueback herring, alewife and
gizzard shad) and engraulids (anchovies), dominated the diet in the summer and fall.
Atlantic menhaden (54%) was the most frequently eaten species, which comprised a
relatively large percentage of the volume (50.1%). In the winter and spring months,
invertebrates occurred more frequently in the diet (primarily amphipods during the
winter and blue crabs in the spring). Patrick and Moser (2001) found similar results from
the Cape Fear River, with Atlantic menhaden and threadfin shad being the predominate
species. Rulifson and Price (2001) collected striped bass stomachs (34) from the upper
Currituck Sound during 2000 and determined that prey within the family Alosinae had
the highest occurrence. The American shad was the most common species observed in
the fall. DMF through the Fishery Independent Gill Net Survey (IGNS) has collected and
analyzed stomach (1,167) contents from the Albemarle Sound area since 1995. River
46
herring (51.8%) was the predominate species from the western sound samples,
followed by Atlantic menhaden (25.7%). The dominance of river herring during the
spawning migration supports that reported by Trent and Hassler (1968) and Manooch
(1973). Blue crabs only accounted for 0.4% of the total from the western sound. Atlantic
menhaden (47.8%), Atlantic croaker (18.3%) and anchovies (16.9%) dominated the
eastern sound samples. Blue crabs comprised 3.2% of the stomach contents from the
eastern sound.
5.3.2 Feeding Behavior
Striped bass are opportunistic feeders; specific food types depend upon the size of the
fish, habitat, and the season (Rulifson et al. 1982a). They undergo an ontogenetic shift
in diet with larvae feeding primarily on mobile planktonic invertebrates (Doroshev 1970;
Markle and Grant 1970; Bason 1971). As they grow, their diet includes larger aquatic
invertebrates and small fish (Shapovalov 1936; Ware 1971).
5.3.3 Predators
The only likely predators on adult striped bass would include some marine species that
might ascend rivers and sounds or, in the case of the A/R stock, during a coastal
migration. These predators might include sharks, bluefish, goose fish/monkfish (Lophius
sp.), tuna and tarpon. Any sympatric piscivorous fish may be a predator of larvae and
juvenile striped bass. Examination of stomach contents of white and yellow perch,
American eel, Atlantic croaker, white and channel catfish, and striped bass in Albemarle
Sound showed that only white and channel catfish stomach contents contained Morone
sp. (Rulifson 1984).
5.3.4 Competitors
Because striped bass share forage species with other piscivores, they are potential
competitors (Setzler et al. 1980). Young striped bass may also compete with other
fishes for food. Similar nursery areas and food habits show a potential for competition
between young white perch and striped bass (Milhursky et al. 1976). The young may
also compete with some species of clupeids (Hollis 1967).
Research in Cape Fear River suggests hybrid striped bass that have escaped from
upstream reservoirs compete for food and spawning space with native striped bass
(Patrick and Moser 2001).
5.4 Migration
5.4.1 Albemarle-Roanoke Adult Striped Bass
Numerous tagging or migration studies have been conducted on striped bass in North
Carolina and along the Atlantic Coast since the 1930s. Several of these studies suggest
that the A/R stock is migratory with primarily older adults migrating offshore. Tag
recapture studies from previous investigators (Merriman 1941, Vladykov and Wallace
1952, Davis and Sykes 1960, Chapotan and Sykes 1961, Nichols and Cheek 1966,
Holland and Yelverton 1973, Street et al. 1975, Hassler et al. 1981. Boreman and
Lewis, 1987 and Benton 1992) indicate that a small amount of migration occurs (Table
47
5.2). However the studies conducted in the 1980s and 1991 were when the age
structure of the stock was truncated and while the stock, in general was at low
abundance. It was noted by several of these investigators that larger, older females
were more migratory than males. Fish tagged and released at various locations in the
Albemarle Sound have been recaptured on the spawning grounds in Roanoke River, in
Albemarle, Pamlico, and Croatan sounds, and offshore from North Carolina to New
England. These studies from 1937- 1985 showed a 0.7- 19.8% exchange rate (Table
5.2). Though the percent contribution in general has remained low, it is apparent that
the Albemarle Sound and North Carolina territorial seas serve as a wintering ground for
east coast stocks and to a lesser degree for the A/R stock.
In 1985, DMF reinstated adult striped bass tagging in the Albemarle and Croatan sound
areas and this has continued to the present. Due to the population being at a low level,
very few fish were tagged from 1985-1989 (n=16). Striped bass have been tagged and
released from hook and line, DMF trawl surveys, gill nets, pound nets, DMF gill net
surveys and electro-fishing efforts. A total of 14,260 striped bass was tagged and
released in the ASMA from 1990 through the spring 2002 (Table 5.3). The percentage
of fish tagged and released 18 inches (TL) and larger has ranged from 44.2 – 68.6%
annually. Of the total number tagged, 23 striped bass captured and released through
the DMF gill net surveys were 28 inches TL and larger (Table 5.4). A total of 1,087 tags
(7.6%) have been returned, with 95.3% of the returns being from the ASMA. Nineteen of
the returns were from the Atlantic Ocean off North Carolina or from areas north of the
state (Table 5.3). The percentage of returns from outside the internal waters of the state
has ranged from 1.4 – 33.3%. Most of these returns occurred within one year of release,
while two were at large for over four years. The majority of the tag returns (n=14) from
the northern areas were from April through July, from fish tagged during the fall and
winter months (October – February) in the eastern Albemarle and Croatan sound areas.
These returns further support the speculation by Street et al. (1975) that the eastern
Albemarle and Croatan sounds serve as a wintering ground for a portion of the
migratory stock. Figure 5.1 shows the returns by length from the DMF Gill Net Survey,
Fall-Winter segments from outside the internal waters. A total of 11 tags have been
returned. These fish have ranged in length from 14-24 inches TL. The returns from the
Spring segments of the Gill Net Survey are presented in Figure 5.2. Only 2 returns (26
in TL and 31 in TL) have been from outside the internal waters of the state.
The Division in cooperation with the WRC has tagged and released 22,552 striped bass
from the Roanoke River on the spawning grounds since 1991 (Table 5.3). Sixty-four
percent of these fish were 18 inches TL or larger when tagged and released. The
number of striped bass 28 inches TL and larger tagged and released has increased
since the stock has been recovered (Table 5.5). A total of 2,460 (10.9%) tags have
been returned, with 84.7 – 98.9% of the returns being from the ASMA or RRMA.
Twenty-six of the returns (1%) have been from the ocean off NC or from waters to the
north of the state (Table 5.3). The percentage of returns from the ocean and areas
north has ranged from 0.3 – 3.0%. Generally, these returns occurred from May –
September (n=12) and the fish have been at large up to eight years prior to capture.
48
Table 5.2. Summary of adult striped bass tagging efforts and returns.
Tagging
period Reference
Tagging
location
Number
tagged
Number
recaptured
Percent
return Recapture location
Percent exchange
(based on total
returns)
Nov 1937
Vladykov and Wallace
(1952)
Currituck Sound
Croatan Sound
Kitty Hawk
179
298
6
483 137 28.4
136 NC
1 NJ 0.7
Mar-Apr
1937 Merriman (1941)
Kitty Hawk (ocean)/
Albemarle Sound 600 45 7.5
24- Albemarle Sound
9- Ocean off VA Beach
8- Chesapeake Bay
2- NJ
1- NY
1- RI 19.6
Apr 1938 Merriman (1941) Western Albemarle Sound 506 47 9.3 47- Albemarle Sound area
Oct 1955-
May 1957
Davis and Sykes
(1960), Nichols and
Cheek (1966) Albemarle Sound 5,242 1,651 31.5
1,565- Albemarle Sound
79- Pamlico Sound
5- Chesapeake Bay
1- New England
1- Ocean off NC 0.4
1956-
1983 Hassler et al. (1981) Roanoke River 11,662 3,264 28.0
Albemarle Sound and
Roanoke River
Dec
1956-
1958
Chapotan and Sykes
(1961)
Atlantic Ocean off Oregon
Inlet 81 19 23.5
5- Ocean
2- Albemarle Sound
8- Chesapeake Bay
2- NJ
1- RI
1- MA 10.5
Albemarle Sound 34 14 41.2
12- Albemarle Sound
1- Roanoke River
1- MA 7.1
Roanoke River 63 9 14.3
1- Roanoke River
8- Albemarle Sound
49
Table 5.2 (Continued)
Tagging
period Reference
Tagging
location
Number
tagged
Number
recaptured
Percent
return Recapture location
Percent exchange
(based on total
returns)
1968-
1971
Holland and Yelverton
(1973)
Ocean- Cape Lookout to
NC/VA line 1,752 197 11.2
39- Albemarle/Pamlico S.
25- Ocean off NC
78- Chesapeake Bay
55- NJ-ME
19.8
Oct- Dec
1973 Street et al. (1975) Croatan Sound 462 128 27.7
Croatan Sound
Albemarle Sound
1964-
1985
Boreman and Lewis
(1987)
Chesapeake Bay to
Canada 27,674 1,959 7.1
18 Albemarle and Croatan
Sound 0.9
1988-
2002
Benton (1992), Laney
(2002)
Cape Hatteras to mouth of
Chesapeake Bay 30,618
2002
Hewitt and Hightower
(2002)
Roanoke River- near
Scotland Neck 729 20 2.7
1 Pungo River
19 Albemarle Sound/
Roanoke River
Table 5.3. Number of adult striped bass tagged and released throughout the ASMA and RRMA and recapture areas.
Year Tagging location
Number
tagged
Number
returned
Percent
return
Oregon Inlet
Number/ Percent
Outside NC
internal waters
Number/
Percent
Internal waters outside
ASMA
Number/ Percent
Hook and line
1990 Batchelor Bay 15 0
1992 Albemarle Sound area 108 5 4.6
1993 Albemarle Sound area 50 4 8.0
1993 Pasquotank River 63 1 1.6
1994 Pasquotank River 375 20 5.3
1994 Albemarle Sound area 124 7 5.6
1995 Albemarle Sound area 74 6 8.1 2 (33.3) 1 (16.6)
1996 Perquimans River 26 1 3.8 1 (100)
1997 Albemarle Sound area 42 0
50
Table 5.3 (Continued)
Year Tagging location
Number
tagged
Number
returned
Percent
return
Oregon Inlet
Number/ Percent
Outside NC
internal waters
Number/
Percent
Internal waters outside
ASMA
Number/ Percent
1998 Albemarle Sound area 107 1 0.9
1998 Perquimans River 30 2 6.7
1999 Albemarle and Croatan sounds 244 5 2.0
2000 Albemarle and Croatan sounds 194 18 9.3 1 (5.6)
Total 1,452 70
Trawls
1994 Albemarle Sound area 24 0
Pound Nets
1990 Batchelor Bay 275 34 12.4
1990 Eastern Albemarle Sound 420 69 16.4
1991 Eastern Albemarle Sound 183 30 16.3
1992 Eastern Albemarle Sound 88 18 20.4 2 (11.1)
1993 Eastern Albemarle Sound 209 39 18.7
1994 Eastern Albemarle Sound 77 5 6.5
1995 Eastern Albemarle Sound 352 66 18.7 2 (3.1) 4 (6.2)
1998 Chowan River 13 2 15.4
Total 1,617 263
Gill Net
Survey Fall-Winter
1990/91 Albemarle/Croatan sounds 245 55 22.4
1991/92 Albemarle/Croatan sounds 329 69 21.0 1 (1.4)
1992/93 Albemarle/Croatan sounds 267 36 13.5 2 (5.6) 1 (2.8) 2 (5.6)
1993/94 Albemarle/Croatan sounds 166 29 17.5
1994/95 Albemarle/Croatan sounds 776 72 9.3 2 (2.8) 1 (1.4) 1 (1.4)
1995/96 Albemarle/Croatan sounds 464 41 8.8 1 (2.4) 4 (9.7) 2 (4.9)
1996/97 Albemarle/Croatan sounds 782 49 6.3 1 (2.0) 3 (6.1) 1 (2.0)
1997/98 Albemarle/Croatan sounds 695 55 7.9 3 (5.4) 1 (1.8)
1998/99 Albemarle/Croatan sounds 1,054 83 7.8 2 (2.4) 1 (1.2)
1999/00 Albemarle/Croatan sounds 586 59 10.0 5 (8.5) 1 (1.6)
2000/01 Albemarle/Croatan sounds 382 23 6.0 2 (9.5)
2001/02 Albemarle/Croatan sounds 537 23 4.3
2002/03 Albemarle/Croatan sounds 427
Total 6,710 594
51
Table 5.3 (Continued)
Year Tagging location
Number
tagged
Number
returned
Percent
return
Oregon Inlet
Number/ Percent
Outside NC
internal waters
Number/
Percent
Internal waters outside
ASMA
Number/ Percent
Spring
1993 Western Albemarle Sound 106 11 10.4
1994 Western Albemarle Sound 64 4 6.2
1995 Western Albemarle Sound 553 23 4.2
1996 Western Albemarle Sound 406 20 4.9 2 (10.0) 1 (5.0)